
Oass. 
Book 



COPYRIGHT DEPOSIT 



The Family 



An Ethnographical and Historical Outline with Descriptive 

Notes, Planned as a Text-book for the Use of 

College Lecturers and of Directors 

of Home-reading Clubs 



By 

Elsie Clews Parsons, Ph.D. 

Hartley House Fellow and Lecturer in Sociology, 
Barnard College, 1899-1905. 



^ 



G. P. Putnam's Sons 

New York and London 

Gbe "Knickerbocker press 

1906 



LIBRARY of CONGRESS 
Two Copies Received 

NOV 26 i906 

Cooyrlffht Entry 

CLASS cu XXc, No, 

, & / J~ / S 
COPY B. 



Copyright, 1906 

BY 

ELSIE CLEWS PARSONS 



Ubc ftntcbcrbocfecr press, Hew Hftrft 



/ 



c2£ 



TO 

MY DAUGHTER AND SON 



PREFACE 

IT is notable that almost all of the amazing quick- 
ening of the past two or three decades in the art 
of teaching has been confined to kindergarten and 
school. College teaching has changed, of course, and 
to a considerable extent during this period, but the 
change is, for the most part, merely a reflex from 
elementary school-teaching ; it is not spontaneous. 
Through the demand for more varied interests and 
more direct personal observation in kindergarten and 
school, the curriculum of the college has also been 
broadened and varied, and the laboratory has en- 
croached upon the lecture room. Imitation of the 
ever-widening university curriculum has played a part 
here, too. The purposive indifference to pedagogic 
method in the professional schools of the university 
has also been widely imitated in the college. This lack 
of spontaneous development in college instruction has 
led, together with other factors, to the swamping of 
the college in the school and university. This is not 
the place to discuss in any detail the relations of 
these three agents of education. It is plain, however, 
that if the college is to be continued as a distinct edu- 
cational agency in the belief that its training and in- 
spiration are essential to scholarly, effectual, and social 
habits of thought and work, something more is neces- 
sary than its mere readjustment in the time-table of 
education. Its subjects of study and methods of 
teaching must be differentiated from those of school 



VI 



Preface 



and university. An attempt in this direction is one 
of the two objects of this text-book. 

The systematic study of particular social groups is 
peculiarly fitted for the college curriculum. The 
classification of social facts from written records and 
personal observation demands maturer powers of ob- 
servation and analysis than any but the exceptional 
high school student possesses. Such a discipline is, 
however, on the other hand, essentially preliminary 
to university work. Much of the effort of university 
students in sociology, not to speak of other subjects, 
is futile because of their lack of training in scientific 
method. 1 

The family is, for several reasons, a particularly 
well-chosen subject for the elementary student of so- 
ciety. Many of the facts discussed have been part of 
his or her personal experience, and yet so different 
are the popular and the scientific points of view in 
regard to social facts that the student's power of ap- 
perception will be developed through numberless 
opportunities to consider long-known facts in wholly 
novel relations to one another. The subject calls for 
the classification of a pretty definite number of specific 
facts ; the descriptive work may be well defined and 
concise. And yet the family's function and structure 
are so closely connected with the social organisation 
in general that in their study an outlook is opened 
upon other social groups and upon the working of far- 
reaching social laws. 

No attempt has been made to give more than an 

1 Compare Steinmetz : Classification des types sociaux et catalogue des peuples 
in I'anne'e sociologique, 1898-1899, pp. 43-147, for this failure in method on 
the part of sociologists in general. 



Preface vii 

outline of the topics to be discussed in the class-room. 
The instructor, therefore, is not relieved of a thorough 
study of the subject he is teaching. A text-book can- 
not take the place of scholarship. It may, however, 
serve to a certain extent as a time-saving device. 
The data in Notes D, for example, will aid the in- 
structor as a check upon the accuracy and complete- 
ness of the students' analyses. The bibliographical 
notes will also serve as time economies. In other 
words, this text-book aims to be a pedagogic device 
for the university lecturers who are so commonly called 
upon to conduct elementary courses in sociology. 
The college method ought to be, in my opinion, pri- 
marily pedagogic, but the borrowed university scien- 
tist, who naturally finds this additional tax of college 
teaching upon his already overtaxed time irksome, 
slips, as I have already suggested, into the lecture and 
seminar method of the university, to the loss — and 
satisfaction — of his class. 

The history of theory has been purposely omitted 
from these outlines. Except for the advanced student, 
analysis of descriptive data is more profitable than 
study of family theory. In other words, in studying 
the family, ethnography, and in particular ethnography 
as it touches in its function of classification upon eth- 
nology, is better adapted than ethnology proper for 
the elementary student. In sociology, for example, 
as in other sciences, the habit of evolutionary thought is 
almost too readily acquired by the embryonic scientist. 
Stages of development are clamoured for and pursued. 
This is merely one of the innumerable expressions of 
the mind's classifying habit, a habit which may lead to 
non-scientific just as well as to scientific results. Freed 



viii Preface 

from the history of theory, freed also from illustra- 
tive facts, the latter being contained in Notes D, the 
lecture outlines are reduced to the presentation of a 
few important and well-established deductions and to 
schemes of classification. 

Notes A contain references to fuller discussions of 
the topics than that given in the lecture outlines. 
References to especially interesting illustrative data 
are also given in these notes. Notes B contain brief 
summaries of theory bearing on topics in the lecture 
outlines. These notes will be of use in assigning 
special tasks to the student who is exceptionally quali- 
fied to work in the field of controversy. Notes C con- 
tain further suggestions for original research by the 
advanced student. The bibliographical notes, as well 
as the list of authorities given in the Introduction, 
have been carefully compiled from a primarily peda- 
gogic standpoint. From a bibliographical standpoint 
they are incomplete. 

The Introduction suggests methods for the class in- 
structor to follow. Through the analysis of written 
records the student will receive training in the use 
of primary sources of authority — one of the chief 
requisites of scholarship. The plan for personal 
observation of a small number of families has many 
advantages for the student, — the training of his fac- 
ulty of observation (a faculty that is lamentably un- 
developed in the average college student), the 
development of social tact and sympathy, the broad- 
ening of his interests in and his knowledge of his 
social environment, and, consequently, the enlarging 
of his opportunities for usefulness to his community. 
From a narrower pedagogic point of view the under- 



Preface ix 

lying object of both plans of study is drill in the 
application by the student of knowledge acquired in 
the lecture room. The average college student is 
mentally lazy. It is the universal experience of col- 
lege instructors that text-book or lecture-imparted 
information is rarely assimilated by their students. 
How seldom does one see any effort to apply the 
facts or methods learned in one course to another 
course, or to personal experiences outside of college 
walls. The college note-book is a kind of intellectual 
graveyard. Unwillingness to think in concrete terms 
is another evidence of this mental supineness. A 
carefully supervised use of the schedules for recording 
the observations of the families visited and a thought- 
ful classification of social facts noted from ethno- 
graphical or historical records will lead the student 
into definite and concrete ways of thinking. Further- 
more, it will train him to test and evaluate evidence, 
— both documentary evidence and evidence 1 that has 
been directly acquired, — a particularly useful lesson for 
the sociological student. 

Ethical considerations have been relegated to a dis- 
tinct lecture. For the sake of ethical thought and 
practice, if for nothing else, the question of what 
ought to be must at first be clearly separated from the 
question of what is. The confusion of these two 
points of view is responsible for what sometimes 
proves to be distinctly unethical conduct. 

One form of this confusion is too commonly back of 
the widespread unwillingness in modern civilisation 
to enlighten boys and girls in many matters of mar- 
riage and parenthood. It is hoped that where outside 

1 See pp. 16-19. 



x Preface 

of the college lecture room this reluctance is beginning 
to disappear this text-book may be of use. Unfort- 
unately, in many parts of our country, a college educa- 
tion is not yet considered as necessary or as desirable 
for young women as for young men. The supporters 
of the argument that the place for girls is exclusively 
in the home must take their stand on the ground that 
the home education given to girls of college age, seven- 
teen to twenty-one, is, or may be, superior to academic 
education {plus home education), i. e., it more ade- 
quately trains the girl for her future life. Perhaps 
this text-book will prove a useful guide for the intelli- 
gent mothers who hold this view of the value of 
home-training and who, single-handed, undertake the 
responsibility of fitting their daughters for useful and 
joyous womanhood. This is the second object of 
this text-book. 

General unwillingness to learn the story of social 
origins and developments, particularly those of sexual 
and familial relations, is the mental attitude of the 
average person. It is, perhaps, the most notable of 
all survivals of primitive taboos and it still serves the 
same purpose as the primitive taboo, i. e., the pre- 
servation of the group's social customs and traditions. 
To-day, to be sure, it is doing this only to a limited ex- 
tent. The economic and legal changesof the nineteenth 
century in family structure and, more significant even 
than these changes, contemporary proneness to dis- 
cuss such subjects as prostitution, divorce, etc., 
demonstrate a giving way of familial customs and tra- 
ditions. Curiously enough, where such discussions 
abound, loathness to examine the history of the sub- 
ject sentimentally persists. The plea is made that 



Preface *i 

knowledge of the origin and career of a perhaps still 
cherished family usage will lessen its current valua- 
tion. There is some truth in the warning that in such 
cases especially a little knowledge is a dangerous 
thing. In most cases, however, the rejoinder is in- 
crease the knowledge. Fuller knowledge makes us re- 
alise that an humble origin, or what we may please to 
call an humble origin, is in no way prejudicial to the 
developed form or function. 1 

Inquiry-precluding taboo and, for that matter, 
contempt-breeding knowledge, are dangerous dSris 
choking up possible outlets for a stream of progressive 
and inspiring moral theory. The dogma that mar- 
riage is an unquestionable sacrament and the dictum 
that it is merely a survival of a past form of property- 
holding are both dams of this kind. 

If the golden rule of democracy, equal opportunity 
for all for the development of personality, is to be- 
come a more influential social ideal than it is now, if 
individualism and altruism are to be reconciled in the 
view that child-bearing and rearing is the most import- 
ant of all social services, the desirability of change in 
many social relations in and out of the family will have 
to be frankly faced, and, if necessary, new adaptations 
must be welcomed. To this end knowledge of the 
past and unhampered discussion of ethical desiderata 
for the future are necessary. For those persons to 
whom truth for truth's sake is not always a justifica- 
tion this should be my warrant for the notice of certain 
facts which are generally ignored and for what may 

1 Cp. the luminous discussion of existential and spiritual judgments by 
William James in The Varieties of Religious Experience, New York, London, 
and Bombay, 1902, p. 4. 



xii Preface 

seem in Lecture 15 undue frankness in refusing to 
shirk consideration of possible issues. 

In view of the simple character of the lecture out- 
lines as schemes of classification references to authori- 
ties are seldom made. All of the works given in the 
bibliographical notes have been of more or less service. 
I am under special obligation to Post, Dargun, and 
Steinmetz. The notes by Steinmetz which are scat- 
tered through the answers to the question schedules on 
the juridical relations of the natives of Africa and 
Ocean ica of the Internationale Vereinigung fur ver- 
gleichende Rechtswissenschaft una 1 Volkswirtschafts- 
lehre zu Berlin, as well as his methodological criticism 
in Die neueren Forschungen zur Geschichte der men- 
schlichen Familie (Zt. f Socialw., II, 1899, 685-695), 
are especially valuable. Howard's useful summaries 
in the introductory chapters of his History of Matri- 
monial Institutions -were time-saving in the preparation 
of the bibliographical notes. Professor Giddings has 
been kind enough to read Lecture 15 in manuscript 
and to suggest a clearer statement than that originally 
made about the desirability of youthful trial marriage. 



CONTENTS 

PAGE 

PREFACE V-xii 

INTRODUCTION. 
METHODS ... I -19 

I. — Study of the family organisation characteristic of a given social 
group by each student — His classification based on topical outlines 
given by the instructor and compiled from table of contents and note 
on reports by students — List of communities to study — Note on re- 
ports by students — Illustrative facts in Notes D — General account of 
selected group and of sources of authority by student — Anticipatory 
questions. 

II. — Plan for field-work in the study of workingmen's families — 
Training in use of note-book and of schedules — Consultation periods 
— The need of tact by student — Student's reluctance to intrude on 
family privacy — Justification of method: student's immediate useful- 
ness to families visited; training for future social service — Model 
schedules. 

PARENTHOOD 
LECTURE I 
THE MEANING OF THE FAMILY IN EVOLUTION . . 20 -25 

The plasticity accompanying prolonged period of immaturity neces- 
sary to individual variation — Individual variation the key to natural 
selection — Infancy a period of helplessness — Parental care supplies the 
protection needed for survival — The family the outcome of the need 
of parental care — The development of parenthood; internal fertilisa- 
tion, incubation, viviparity, lactation, developed gestation — A high 
death-rate from lack of protection necessitates a correspondingly 
high birth-rate — Parental care makes possible lowered birth- and 
death-rates — Decrease of vital drain upon the parent, increase of size 
and capacity of offspring and a further development of parental care 
result. 

LECTURE II 

THE DURATION OF PARENTAL CARE AMONG MANKIND 26-43 

*• Gestation and lactation longest among mankind — Economic 
progress shortens lactation period — Lactal inability of mother, in- 
dolence, personal or class vanity, belief that lactation prevents con- 

xiii 



xiv Contents 

PAGE 

ception, sexual abstinence during lactation period, wage-earning by 
mother, economy of food or time, the social causes of disuse or abuse 
of function — Need of observation of lactation habits in study of 
maternity and of public health and education — Duration of parental 
care in general among mankind corresponds to period of immaturity, 
which, in turn, corresponds to economic environment and to social 
organisation — Separate residence, marriage, initiation of youth, at- 
* tainment of economic, juridical, and political privileges, partial indi- 
cations of independence of parental care — Age-classes — Filial depend- 
ence and subjection before maturity to be distinguished from that 
after maturity — The latter, part of dependence upon a wider circle of 
kindred characteristic of ethnic society — Diminution in number of 
births and child-deaths per family accompanies advances in parental 



LECTURE III 

SOCIAL FACTORS IN BIRTH- AND CHILD DEATH-RATES 44 "59 

Infanticide, foeticide, and prevention of conception, the direct arti- 
ficial checks upon human fertility — They correspond to different 
stages of mental development and parental sympathy — Causes of in- 
fanticide are death of mother (belief that her spirit craves company of 
child's), birth of infant before an older child is independent of mother as 
nurse or carrier, uncompensated burden of supporting child, in- 
dolence, desire to prevent husband taking another wife, ill-luck super- 
stitions due to intolerance of the unusual or abnormal (premature birth, 
multiple births, abnormal delivery, disordered dentition, bodily de- 
fects or disease), arbitrary notions of ill-luck, illegitimacy (belief that 
birth of twins is due to adultery) — Infanticide of first offspring (belief 
that they are weakly); of subsequent offspring — Female infanticide 
due to economic inferiority of females and to the fact that the posses- 
sion of females prompts raids — Methods of infanticide — Exposure in- 
dicates an increase of parental sympathy — More or less same causes 
for foeticide as for infanticide — Indolence, personal vanity, fear of 
disgrace or punishment in case of illegitimacy, prescribed sexual ab- 
stinence during pregnancy, spiting husband, particularly prominent 
or additional causes — The practice in modern surgery — Decision 
upon either practice may rest with mother or father, or be subject to 
consent of kinsfolk — Infanticide gradually assimilated to murder — 
Time or ceremonial restrictions upon practice — Condemnation of 
foeticide still later — Tolerated in some cases, because of belief that 
foetus is not alive — Knowledge of facts indicative of desirability of 
offspring (cost of bringing up offspring, economic returns through 
child-labour, labour of adult sons or daughters, or through daughter- 
sale in marriage or prostitution, sale or pawning of offspring, the 



Contents xv 



practice of fertility charms or rites, suspension of legal marriage un- 
til birth of offspring, divorce for barrenness, inheritance of rank, 
property, religion, practices of adoption, celebrations at birth or nam- 
ing of child, state rewards or privileges for married persons or for 
prolific parents) important in ascertaining tendency to check fertility 
and thereby, in particular, approximately ascertaining, under addi- 
tional given circumstances, extent of habitual prevention of concep- 
tion — Full benefits of diminution of offspring not gained through 
infanticide or foeticide; gained only through practice of artificially 
prolonging intervals between conceptions or temporary prevention of 
conception — Additional direct but non-purposive social checks on 
number of births per family: sexual restraint during lactation period, 
prolonged lactation, economic hardship — Indirect social checks on 
birth-rate: postponement of age at marriage (due to economic crises, 
advancing standards of living); sexual intercourse during immaturity; 
limitation of potential parents (due to prostitution, religious celibacy, 
standing armies, depopulating wars and epidemics, growth of desires 
for economic independence or for luxury and idleness). 

LECTURE IV 

PARENTAL POWER . . . . . . . 60 - 89 

Parental ownership or control the accompaniment of filial depend- 
ence — Unrestricted possession leads to power to kill at birth or later, 
devour, sell, pawn, or give away, make work, offer up in sacrifice to 
deity, abuse, etc. — Restricted possession — Powers limited to circum- 
stances of filial misbehaviour — Effected by kinship solidarity — In the 
latter case, liabilities and obligations frequently mutual — Under 
ethnic organisation guardianship of offspring may be shared with 
father by kinsfolk, or may be vested in father as head of kinsfolk — 
Paternal ownership sometimes restricted in case of sons — Discussion 
of labour of offspring and of parental control as an educational means 
postponed — Right to dispose of daughters in sexual hospitality, pro- 
stitution, marriage by barter, service, purchase — Infant- and child- 
betrothal — Indicates parental control of marriage of sons — But this 
is thought of as an obligation to provide wives for sons — Later arises 
a like obligation to provide husbands for daughters — Treatment of 
elopers significant of extent of parental control — Different degrees of 
freedom of sexual choice by girl — Commonly widows and divorced 
women have more freedom of choice — Bride-price, offspring in ex- 
change for bride, marriage by service — Passing of bride-price into 
dower and dowry — A significant modification in the idea of parental 
(and marital) ownership — Even the bride-price may be a distinction 
due to the bride herself — Groom-price — The right of kinsfolk other 
than the father to dispose of in marriage. 



xvi Contents 



LECTURE V 

HOME EDUCATION AND STAGES OF PARENTHOOD . 90 - 1 1 1 

Three stages of parenthood according to which facts of home-educa- 
tion may be classified — (1) Lactation period long but whole period of 
immaturity short — Parental mastery accompanied by affection and in- 
dulgence or indifference and neglect; offspring subject to parental 
temper; but no attempt at discipline — In all stages imitation the most 
important educational method — It is the means of short cuts in re- 
capitulation, thereby conserving social habits for the being that is 
born plastic, while giving opportunity for the progressive individual 
variation — Advantages of plasticity at birth not fully availed of by 
undeveloped types of family, for this one-sided imitation-training may 
preclude individual initiative — Test of family efficiency and criterion 
of development in family types is ability to adapt offspring to environ- 
ment and to so direct process of adaptation that progressive initiative 
is encouraged — Imitation-training may become conscious in all matters 
of thought and conduct, particularly in teaching and learning here- 
ditary crafts — (2) Immaturity longer, environment more complex — 
Offspring valuable chattels — Disciplined to increase their value to 
parents — Filial virtues also of value to group so that training of off- 
spring may be more or less expected of parents — (3) Immaturity still 
longer; but at its close, unlike (2), complete independence of offspring 
— Education of child primarily for his own sake allows of encourage- 
ment of individual variation — Equality of inheritance a. criterion of 
third stage — These stages not mutually exclusive — Customs indicative 
of or leading to parental sympathy more or less peculiar to first two 
stages: pregnancy and birth taboos (many of them based on idea of 
susceptibility during these periods to spirit influences), cotwade and 
kindred practices, sexual abstinence during pregnancy and lactation- 
period, teknonymy and auspicious naming, bodily mutilations and 
lucky practices for the good of offspring — Differentiation of education 
according to sex affects structure of family, leading, for example, to 
early separation of boys from mother and sisters — Ceremonial 
avoidance. 

MARRIAGE 

LECTURE VI 

SEXUAL RELATIONS EXCLUSIVE OF MARRIAGE . II2-I36 

Parental care affected by conjugal relations — Offspring of transitory 
sexual intercourse, for example, suffer — There are, however, substi- 
tutes for parents: adoptive parents, polygynous step-mothers, kin- 
dred, servants, etc., church or state — Duration of sexual intercourse 



Contents xvii 

PAGE 

among animals is proportionate to degree of parental care — Elimina- 
tion of a distinct pairing season characteristic of mankind — Indica- 
tive of man's comparative independence of his natural environment 
— Possible traces of a fixed human pairing season in customs of cele- 
brating marriages and in the occurrence of a maximum birth-rate at 
set seasons, and of periodic festivals with sexual license — Non-repro- 
ductive sexual activity and permanence in conjugal relations the prob- 
able effects of elimination — Marriage the living together of male 
and female after the act of propagation until the birth of offspring — 
: Sexual promiscuity viewed differently according to sex and to con- 
jugal condition — Unmarried males required only to respect rights 
of other males — Unchastity in unmarried females frequently toler- 
ated, but requirement of chastity more common — Punishments for 
unchastity including shrinkage of bride-price and repudiation of 
hymenless bride — Betrothal sometimes indicates demand for chastity 
in brides — Sexual freedom before marriage tolerated where after 
marriage condemned — Adultery by male sometimes cause for divorce 
and reprobation, otherwise unpunished — Punishment of adulteress — 
Punishment for rape and seduction — In case of betrothed girl, pun- 
ishment severer — Also for rape when latter is distinguished from 
seduction — Violation assimilated to theft; for when consent of 
woman's owner is secured, as in case of defloration anticipatory of 
marriage or in daughter- or v?'\ie-lending, there is no offence — Pro- 
stitutes are ownerless women — Deities the owners of temple-prosti- 
tutes — Extent of segregation significant of attitude of group on subject 
— Treatment of illegitimates indicative, as a rule, of group's attitude 
towards illegitimate sexual intercourse — Discrimination against ille- 
gitimates evidence that highest type of parenthood in which child is 
cared for for his own sake is not general — Disposal of forms of so- 
called marriage excluded, strictly speaking, from our definition: time-, 
fWa/-marriage, etc. 

LECTURE VII 

THE FORM AND DURATION OF MARRIAGE . . 137-160 

Forms of marriage: monogamy, polygyny, polyandry, group-marriage 
— Monogamy and polygamy among animals lower than man — Among 
mankind, group-marriage combined with individual marriage — Male 
and female concubinage — Term under monogamous system refers to 
inferior status of cohabiting woman due to economic, political, or age 
inequalities or disabilities — Superior wife, first, eldest, last, one for 
whom bride-price is paid, equal rank with husband, first to bear a 
child, favourite — Wives a group of kinswomen — Wife gives her own 
female slave to husband — Restrictions upon polygyny: consent of first 
wife required, allowed only in case of disabilities of first wife — Forms 
of polyandry: Nair, Thibetan, younger-brother-concubinage, sexual 



xviii Contents 

PAGE 

hospitality of covenanted brotherhood, father-son polyandry — Coex- 
istence of two or more forms of marriage — Causes of polygamy: 
numerical disproportion between the sexes due to female infanticide, 
religious celibacy, constant warfare, an excess of male births, special 
economic conditions, e.g. absence of men on hunting or trade expedi- 
tions ; conjugal abstinence at stated periods, desire for children, 
and primarily economic inequality — Plurality of wives a form and 
source of wealth and distinction — Monogamy and polyandry some- 
times due to poverty — Marriage ends by death or separation — Im- 
molation and mourning of widows point to belief in marriage after 
death — Duration of marriage dependent upon its form — Polygamy 
and lax or brittle monogamy substitutable forms — Time and trial 
marriage in illustration of brittle marriage — Divorce at pleasure or 
for specific causes — In latter case, penalties for divorce without 
cause: forfeiture by husband or wife or wife's family of dowry, dower, 
bride-price, forcible return of wife — Grounds for divorce vary with 
varying standards for conjugal conduct — Common grounds are adultery, 
barrenness, disease, laziness, quarrelsomeness, in wife, and, in hus- 
band, impotence, disease, cruelty, prolonged absence, failure to sup- 
port — The fact that barrenness is an almost universal ground indicates 
that our definition of marriage is more or less that of popular thought 
— Marital proprietorship precludes reciprocity in right to divorce — 
Forms of divorce — Remarriage of divorced persons — Disposal of off- 
spring in divorce — Polygamy more advantageous to offspring than 
restricted monogamy; but developed monogamy more advantageous 
than polygamy because (i) it insures impartial and continuous care by 
both parents and (2) allows of conjugal relations which fit wife to 
most adequately fulfil function of motherhood. 

LECTURE VIII 
SEXUAL CHOICE 161-189 

Sexual choice an important social factor — Preferred traits indicated 
by courtship incidents, betrothal and marriage ceremonial, bride- 
price features — Struggle of sexual selection continues more or less 
through mating period of life — Influenced indirectly by social usage 
in regard to form and duration of sexual intercourse, directly by aver- 
sion to intermixture with very unlike beings, by ideas of consanguin- 
ity and affinity, etc., by locality, separation of sexes, customary initia- 
tive in courtship by male, economic, cultural, and political differences, 
parental ownership, group or over-lord control, age — Consanguinity 
restrictions endogamous or exogamous — Correspond to, but never quite 
identical with, kinship ideas — Co-existence of endogamous and ex- 
ogamous rules — Adoption, fosterage, milk-brotherhood, sponsorship, 
affinity, as prohibitive marriage-relations — Affinity as in widow-inher- 
itance, brother-polyandry, sister-polygyny, levirate or niyoga, substitu- 



Contents xix 



tion of a female relative for a barren or deceased wife — Consangui- 
neous restrictions hold for temporary sexual intercourse — Punishments 
for incest — Endogamous rules sometimes due to economic motives — 
Disintegration of blood-ties in general diminishes consanguineous 
marriage restrictions — District endogamy or exogamy — Widespread 
separation of sexes at puberty, with differentiation of employments 
according to sex and ceremonial avoidance serious checks upon sexual 
choice — Interclass or caste marriage forbidden or discouraged — 
Different marriage restrictions among different classes in same com- 
munity — Parental ownership one of the chief checks in primitive 
communities — Age restrictions are requirement of an arbitrary age of 
consent, forbidding marriage prior to initiation, correspondence of 
some kind between ages of bride and groom, requiring marriage 
within the same generation, prevention of younger marrying before 
older brothers or sisters — Deprivation of sexual choice works against 
duration of marriage — Sexual choice incomplete in temporary forms 
of sexual intercourse or in polygamy — Marriage and certain forms of 
marriage will encourage through sexual selection certain characters 
whereas temporary intercourse and other forms of marriage will 
encourage other characters. 

LECTURE IX 

BETROTHAL AND MARRIAGE CEREMONIAL, AND 
RELATIONS BETWEEN HUSBAND AND WIFE 
EXCLUSIVE OF ECONOMIC RELATIONS . . 190- 

Betrothal and marriage ceremonial may be anticipatory of conjugal 
life, — commensal, labour, subservience, union, symbols — Also the bed 
of fossils or survivals of outgrown conjugal relations or methods of 
mate-getting — Rape and purchase symbols to be distinguished from 
non-ceremonial sexual shyness, etc. and favour-winning gifts — Mar- 
riage by purchase, including barter or service, more favourable to wife 
than marriage by capture — Former a contract with bride's family — 
Her fertility, good behaviour, protection, and support contracted for — 
Bride-price on instalment plan leaves her family partial control of 
her — Residence after marriage an important factor in position of 
husband or wife — Different residence practices exist in same group as 
result of economic differentiation — Wifely subservience usual — Seen 
in husband's right to punish for disobedience, laziness, infidelity — 
Concubinage and distinctions of rank, produce unequal degrees of 
subservience in same family or in different families in same group — 
Marital duties of protection and support universal — Practices indicative 
of mutual sympathy and affection: eouvad? practices, sexual ab- 
stinence during pregnancy and lactation, sympathetic practices during 



xx Contents 

PAGE 

difficult labour, hunting, fighting — General customs of sexual differen- 
tiation separating interests and checking sympathy of married persons: 
exclusion of women from religious or political activity, differen- 
tiation of economic activities along sex lines, special sexual taboos. 

LECTURE X 

ECONOMIC RELATIONS BETWEEN HUSBAND AND WIFE 222 - 247 

Division of labour between husband and wife: husband hunts, fishes, 
herds cattle, tills soil, trades, and, in predominantly industrial socie- 
ties, is the chief or only wage-earner; wife digs roots, gathers berries, 
fruits, shell-fish, carries burdens, rows, works in garden and field (in 
nomadic agriculture being the exclusive cultivator), sometimes cares for 
nets, traps, and weapons, sometimes for domestic animals, prepares 
food, clothes, domestic vessels, etc., supplements husband's wages or 
is even chief wage-earner — Division of labour or of functions in po- 
lygyny — Former precluded by separate residence of wives — Differen- 
tiation of economic classes exempts and even at times precludes 
wives (and children) of higher economic classes from productive labour 
— Slavery and the wage-earning system substitutes for economic 
functions of polygyny — Marital ownership precludes economic in- 
dependence of wife — As a chattel, she may be loaned, exchanged, 
sold, inherited, or immolated at husband's death — Dower and dowry 
lead to idea of wife as a property owner — Prior expressions of this 
idea in female ownership and inheritance of feminine goods, in reten- 
tion of personal earnings by wives — Economic independence de- 
velops through (1) system of community of property, (2) separate 
ownership — Inheritance by widows — Inheritance of wife's property 
— Economic subordination accompanied by juridical disabilities — By 
exclusion from government — Gynocracy rare — Reciprocity of influ- 
ence between status of wife and that of mother. 



KINSHIP 

LECTURE XI 
THE RECKONING OF DESCENT AND KINSHIP SYSTEMS 248-266 

Descent may be reckoned through mother (matronymy), through 
father (patronymy), or through both parents — Matronymy (descent) 
to be distinguished from matriarchate (power) — Similar distinction 
between patronymy and patriarchate — But matronymy or patronymy 
accompanies highly developed matriarchate or patriarchate — Ma- 
tronymy found with patriarchal forms — Patriarchate in distinction to 



Contents *x 



primitive paternal power part of a more or less complex juridical system 
— Physical parenthood known, but not recognised as a juridical re- 
lation — Juridical parenthood: adoption of child of concubine, of child 
by former husband, levirate, niyoga — Systems of computing kinship 
— Descriptive system reckons kinship between two individuals ac- 
cording to their genealogical position to a common ancestor, col- 
lateral and some of the lineal kindred being originally described by a 
combination of primary terms — Levitical, Roman, and civil law sys- 
tem and canon and English common-law system of reckoning degrees — 
Classificatory system reckons kinship between groups of individuals 
of same generation, the collateral being merged into the lineal lines. 

LECTURE XII 

KINSHIP GROUPS THE PRIMITIVE SIMPLE FAMILY 

THE COMPOUND FAMILY THE MATRIARCHATE 267-296 

Blood-kinship one of the most important social ties — Kinship- 
groups: simple and compound family, clan (totem, matriarchal, and 
patriarchal), phratry, tribe, and tribal confederation (at times) — Simple 
family of parents and offspring characteristic of primitive hordes and 
of complex modern societies — Organisation of simple family of primi- 
tive horde — Totemism — Totem-clans — Primitive simple family in 
groups with and without totem-clan organisation — In former case 
family tends to be absorbed by clan — Definition of phratries — Hordes 
or local groups small — Due to uncertain and scant sources of sub- 
sistence — The men hunters and fishers of a low type; the women 
collectors of roots, fruits, berries, shell-fish, etc. — Meagreness of food- 
supply also necessitates migration — Constitution and direction of tribe 
— Group-headship, magic ceremonial, and women sometimes inherited 
— Beginnings of ances'or-worship in destruction of property at death, 
exorcist charms, etc. — Compound matriarchial or patriarchal family 
united by economic, juridical, and religious ties — May or may not 
form a common household — Ties closer than those of co-existing sim- 
ple families, totem-clans, tribes, or local groups — Pure type of 
matriarchal family rare — Matriarchal features — Matronymy (but not 
exclusively matriarchal) — Temporary or permanent residence with 
wife's family — Mixed systems showing dependence upon facts of 
residence for determination of matriarchal or patriarchal system — Poly- 
andry, polygyny, or monogamy — Reciprocal right of divorce — Abor- 
tion — Long lactation — Major control of offspring with mother and 
male relatives — Influence of girls in choice of husbands — Tendency 
to postpone age at marriage — Incipient discipline of children — Avun- 
culate — Vasu-right — From 20 to 150 persons may compose a common 
household, several households forming a local group — Groups semi- 
migratory — Developing economic arts lengthen period of education, 



xxii Contents 

PAGE 

also increase value of women — The latter effect encourages a tend- 
ency towards polygyny — Goods inherited through mother or maternal 
uncle — Married women may possess household utensils and clothes 
— Equal inheritance among sons (or nephews) — Developing ancestor- 
worship — Totemism more religious and less juridical and economic — 
Totem-clans here primarily exogamous marriage groups — Blood-feud, 
common property-holding, functions of matriarchal kin — Regular 
tribal government — Exceptional participation by women in tribal 
government. 

LECTURE XIII 

THE PATRIARCHATE ...... 297-326 

Original extent of matriarchate a moot question — Transition from 
matriarchate to patriarchate observable — Not true of transition in 
contrary sense — Indisputable evidences of aforesaid transition: 
dependence of full marital or paternal power upon payment of bride- 
price, purchase of his own offspring by father, mixed systems of dis- 
tribution of patrimony, survivals of avunculate — Characteristics of 
patriarchal compound family: monogamy of poverty; polygyny a 
source or an indication of wealth; developed concubinage; high birth- 
rate; infanticide and abortion punished or condemned; female in- 
fanticide an exception; developed marital and paternal power; latter 
restrained, at times, by woman's family; wives and offspring together 
with their husband- or parent-master subject to head of kinsfolk; in- 
fant- and child-betrothal frequent; age at marriage ; duty of procuring 
wives for sons or younger male relatives; marriage by purchase de- 
veloped; marriage settlement; divorce for stated offences, not recipro- 
cal; in divorce offspring follow father; kinsfolk group responsible 
for debts, fines, composition, ransom of its members; leaving group 
subject to consent of group; land and dwellings owned in common or 
in severalty; ancestor-worship characteristic of patriarchal groups; 
few traces of totemism — Phallic-worship of influence upon family — 
Features of ancestor-worship: ceremonial wailing, destruction of 
property animate and inanimate at death, burial-place near, sacrifices 
at tomb — Effect of ancestor- worship on family: marriage and repro- 
duction, religious duties; infanticide, abortion, adultery, sins; adop- 
tion encouraged; inequality of inheritance, for he who continues th\ 
family worship, the first-born, may inherit a double portion of 
patrimony; as women adopt the family worship of husbands, co- 
operation in the family cult dignifies position of chief-wife — Patri- 
archal house or village communities— Patriarchal family proper, and 
joint, undivided family defined — Patriarchal features accompanying 
particular modes of subsistence — Patriarchal house-communities 
among lower type of agriculturists — So-called patriarchal family 



Contents xxiii 

PAGE 

among pastoral peoples; families more or less segregated, tribal 
organisation for offence or defence, marked subjection of women due 
to their inferior position as producers, equal inheritance of patri- 
mony by sons — Joint undivided family more characteristic of agricul- 
tural than of pastoral groups — Communal family ownership of land — 
Reapportionment and partition — Hereditary, appointed, and elected 
headship — Village community — Patriarchal clan or gens survivals 
among historical peoples. 

LECTURE XIV 

THE MODERN SIMPLE FAMILY .... 327-339 

Transition from matriarchal as well as from patriarchal to individual 
family; but latter transition the more important in study of modern 
family in Aryan civilisation — Survivals of patriarchal family in 
modern individual family: name and rank descends through father; 
father and parental kindred have prior claims in matters of guardian- 
ship; parental consent necessary after age of consent to a legal 
marriage; survivals of dower and dowry; economic disabilities upon 
wives and daughters in wage-earning, and in holding and 
inheriting property; demand for chastity and conjugal fidelity 
and right to divorce, one-sided; general subordination of women in 
family; inequality of inheritance by sons — Primogeniture and exclu- 
sion of women from inheritance due to feudalism — Characters of mod- 
ern individual family: Monogamy — Punishment or condemnation of 
bigamy and temporary conjugal infidelity — Only a slight tendency to 
require chastisity of unmarried men — Increase of prostitution due 
chiefly to tendency to late marriage or celibacy — Segregation of pro- 
stitutes becoming less marked — Increase of divorce — Majority of 
divorces obtained by women — Increase of legal causes for divorce — 
Existence of offspring not a legal factor in obtaining divorce — Pre- 
judice against d ; vorced persons subsiding — Remarriage of divorced 
persons usual — Both community and individual matrimonial property 
systems; but in either case tendency to economic equality or inde- 
pendence of wives — Increase of conjugal sympathy and joint activity — 
Tendency against sexual segregation in general shown in movement 
of co-education — Education prolonged — Child-exploitation condemned 
— Highest type of parenthood spreading — Knowledge of influence 
of heredity and environment conducive to parental responsibility — 
Responsibility in sexual choice begins to be enforced by public opin- 
ion—Protection of child by the state in laws against infanticide and 
abortion, against maltreatment of children, in compulsory education 
law — Voluntary childlessness an outcome of the costs of child-rearing 
— Review of influence of Christianity and of the Christian Church 
upon the individual family. 



xxiv Contents 



LECTURE XV 

ETHICAL CONSIDERATIONS 340-358 

Danger of hasty ethical interpretations — Family structure should be 
such that infancy may be prolonged and that adaptation to environ- 
ment and progressive individual variation may be secured — Juvenile 
criminality a failure in adaptation — The power to choose a favourable 
environment should be encouraged — Problem of adapting to environ- 
ment and at the same time of stimulating individual initiative falls 
primarily upon the parent — Parental duty begins before parenthood 

(1) in self-education in general and in special preparation as home 
educators, (2) in choice of partner in responsibilities of inheritance 
and education — (1) The educational ideal of the building of character 
for social service finds expression in child-rearing as an important 
social function — Child-study to become a part of a liberal education — 

(2) Present recognition of social wrong in propagating disease through 
reproduction — Higher standards in marriage choice — Marriage 
should be the relationship best fitting for parenthood — Monogamy 
superior to polygyny or prostitution as giving fuller opportunities 
for the development of personality and therefore of parenthood — 
Similarly, reciprocity of rights and duties in marriage desirable — Pro- 
prietary marriage unfits for parenthood — Education of girls necessary 
to a high type of motherhood — Emancipation of woman move- 
ment unfortunately failed to emphasise the social as well as the 
individualistic need — Opportunity for personal development through 
assuming responsibility in the state and in industry a need for wives 
and mothers — A high type of monogamy and progressive sexual se- 
lection require mature judgment in sexual choice and early marriage 
is therefore precluded — Late marriage has always been accompanied 
by lack of chastity before marriage on part of youth of both sexes or, 
where female chastity is valued, by lack of male chastity and the 
growth of a prostitute class — Prostitution is undemocratic, a survival 
of clan morality — Given late marriage and the passing away of pro- 
stitution there are two alternatives: freedom of sexual intercourse 
for both sexes before marriage, i.e. before the birth of offspring 
(youthful trial marriage), or absolute chastity for both sexes before mar- 
riage, i.e. before a contract for sexual intercourse — The ultimate answer 
to this question complicated with many conditions, notably the economic 
independence of women and certain physiological discoveries — In- 
crease of biological knowledge and enhanced capacity for parental 
devotion may in the future lessen the present need of sexual restraint 
and thereby affect sexual relations in and out of marriage — Mean- 
while, prostitution or adultery should be condemned in men as well 
as in women, the age of consent should be identified with the legal 
age of marriage, discriminations against illegitimates should be re- 






XXV 






moved, and legal provisions prohibiting remarriage after separation 
should be repealed — Failure to realise that sexual restraint is primar- 
ily for the sake of offspring shown in current divorce agitation — Effect 
upon offspring ought to be the chief consideration in divorce — A two- 
fold divorce law suggested, one for childless divorce seekers and one 
for divorce seekers with children — Objection that this would encour- 
age voluntarily childless marriage — The latter a progressive substitute 
for prostitution; but, like prostitution, a check upon the development 
of personality — An outcome of excessive, although one-sided in- 
dividualism — Restricted child-bearing not practised by proper classes 
— Dearth of teaching on subject — Evil effects of high birth and cor- 
respondingly high infant mortality rates among the lowest economic 
and cultural classes — Child-labour, age of consent, and compulsory 
education laws point to an abandonment of our laissez-faire policy 
in regard to childhood — Systematic training of girls in care of young 
children and supervision of children in their homes future possibil- 
ities — The future of the family. 

APPENDIX 359 

Translation of a questionnaire by Dr. Albert Hermann Post for the 
investigation of the family in ethnic societies. 



INDEX 



365 









INTRODUCTION 

METHODS 

I. It is suggested that at the first meeting of in- 
structor and class one of the communities listed below 
be chosen by each student for special study. During 
the year he should be expected to become thoroughly 
familiar with the cited records or descriptions of the 
community chosen. He is to make a classification of 
all the facts bearing upon the family that he finds in 
these sources of authority. He should use the card 
system of note keeping. 1 His classification will be 
based upon a typewritten outline which the instructor 
will give at the outset to the class. The outline 
may be compiled from the summaries given in the 
table of contents, and from the note given below, 
pages 4-6, on Reports by the Students. The student 
will be expected to bring with him to class that part 
of his classification which concerns the topics to be 
immediately discussed. In developing the topics, 
the instructor will then be able to call upon the class 
for illustrative facts. 

FOR STUDY BY THE STUDENTS 

Veddahs. 

*Sarasin, P. and Fr., Die Weddahs von Ceylon, Wiesbaden, 

1 In this system, each fact is recorded on a separate slip of paper, and these 
slips, uniform in size, are then grouped in envelopes topically labelled. 
* Data compiled in Notes D. 




The Family 



Yaghan (Fuegians of Cape Horn). 

* Hyades and Deniker, Mission scientifique du Cap Horn 
1882-1883, vol. vii., Paris, 1891. 

* Bulletins de la Society d Anthropologic de Paris, vii., 169 
ff., Paris, 1894. 

* lb., x., 3 2 7-34o, Paris, 1887. 

The Natives of Australia. 

* Spencer and Gillen, The Native Tribes of Central 
Australia, London, 1899. 

lb., The Northern Tribes of Central Australia, London and 
New York, 1904. 

Howitt, The Native Tribes of South-East Australia, 
London and New York, 1904. 

Roth, North- West-Central Queensland Aborigines, London, 
1899. 

Cunow, Die Verwandischafts- Organisation der Austral- 
neger, Stuttgart, 1894. 

Eskimo. 

*Murdock, Ethnological Results of the Point Barrow 
Expedition, 9th Annual Report (1892) of the Bureau of 
Ethnology. 

* Nelson, The Eskimo about Behring Strait, 18th Annual 
Report, Part I. (1899), of the Bureau of Ethnology. 

*Boas, The Central Eskimo, 6th Annual Report (1888) of 
the Bureau of Ethnology. 

Wyandots. 

* Powell, Wyandot Government, 1st Annual Report (1881) 
of the Bureau of Ethnology. 

Thompson River Indians. 

* Teit, The Thompson River Indians, vol. ii. of the Ameri- 
can Museum of Natural History Memoirs, New York, 1900. 

Melanesians. 

*Codrington, The Melanesians, Oxford, 1891. 
Danks, Marriage Customs of the New Britain Group, in 
Journal of the Anthropological Institute, xviii., 281-294. 

*Data compiled in Notes D. 



Introduction 3 

Slave and Gold Coast Africans. 

* Ellis, The Tshi-speaking Peoples of the Gold Coast of West 
Africa, London, 1887. 

* The Ewe-speaking Peoples of the Slave Coast of West 
Africa, London, 1890. 

* The Yoruba- speaking peoples of the Slave Coast of West 
Africa, London, 1894. 

Post, Afrikanische Jurisprudenz, Oldenburg and Leipzig, 
1887. 

McLennan, Studies in Ancient History (Second Series), 
London and New York, 1896, pp. 405-483. 
Kabyles. 

* Hanoteau and Letourneux, La Kabylie et les coutumes 
Kabyles, Paris, 1893. 

Ancient Arabs. 

* The Qur An, vols. vi. and ix., in Sacred Books of the 
East, edited by F. Max Miiller, Oxford, 1900. 

Robertson- Smith, The History of Marriage and Kinship 
in Ancient Arabia, London, 1903. 
Ancient Hebrews. 

* The Pentateuch. 

Lichtschein, Die Ehe nach mosaisch-talmudischer Auffas- 
sung und das mosaisch-talmudische Ehereeht, Leipzig, 1879. 
Ancient Babylonians. 

* The Code of Hammurabi, edited by R. F. Harper, Chi- 
cago, 1904. 

Ancient and Modern Chinese. 

* Li Ki, translated by James Legge, vols, xxvii. and xxviii. 
in Sacred Books of the East, Oxford, 1885. 

De Groot, The Religious System of China, Leyden, 1894. 
Ta Tsing Leu Lee, translated by Sir George Thomas 
Staunton, London, 1810. 
Ancient Hindus. 

* The Laws of Manu, vol. xxv., in Sacred Books of the 
East, Oxford, 1886. 

* Data compiled in Notes D. 



4 The Family 

Ancient Greeks. 

The Iliad and the Odyssey, translated by Butcher and 
Lang, Boston, 1882. 

Keller, Homeric Society : A Sociological Study of the Iliad 
and Odyssey, London, 1902. 
Ancient Romans. 

* The Institutes of Gaius and Justinian. 
Ancient Welch. 

Ancient Laws and Institutes of Wales, 1841. 
Ancient Irish 

Ancient Laws of Ireland, Dublin and London, 1865. 
Anglo-Saxons. 

Ancient Laws and Institutes of England, 1840. 

Roeder, Die Familie bei den Angelsachsen, Halle, 1899. 

Howard, A History of Matrimonial Institutions, Part II., 
Chicago and London, 1904. 
Modern French. 

* French Civil Code, tr. by Cachard, London, 1895. 
Glasson, Le ?nariage civil et le divorce, Paris. 

The People of the United States. 

Records of the Governor and Company of Massachusetts 
Bay, Boston, 1853. 

The Public Records of the Colony of Connecticut, edited by 
J. H. Trumbull, Hartford, 1850-1890. 

The Records of New Amsterdam from i6jj to 1674, edited 
by B. Fernow, New York, 1897. 

Blackstone 's Commentaries ; Kent's Commentaries. 

* Schouler, A Treatise on the Law of the Domestic Rela- 
tions, Boston, 1895. 

' Bishop, New Commentaries on Marriage, Divorce, and 
Separation, Chicago, 1891. 

Howard, A History of Matrimonial Institutions, Part III. 

REPORTS BY THE STUDENTS 
Lecture 2: 

State customary duration of lactation period, 

* Data compiled in Notes D. 



Introduction 5 

causes, if they exist, for disuse of function, customary 
age at marriage, at initiation of youth or majority. 
State other facts showing filial dependence or in- 
dependence. Describe initiation or majority cere- 
monial. 

Lecture 3: 

State usual number of births per family. Describe, 
if they exist, infanticide, abortion, etc., practices ; also 
public opinion on subject, and implicit or alleged 
reasons for practices. State conditions making off- 
spring desirable or undesirable and facts in addition 
to infanticide, etc., suggestive of public feeling on 
subject. 

Lecture 4: 

State facts showing parental ownership or control 
and, if it exists, of kinsfolks' share in control. 

Lecture 5: 

State facts indicating prevailing type of parent- 
hood ; also facts showing parental sympathy or solici- 
tude for good of offspring. Describe differences in 
education of boys and girls. 

Lecture 6: 

Describe treatment of the unchaste before mar- 
riage, of the adulterer or adulteress rapist, seducer, 
prostitute, illegitimate child. 

Lecture 7: 

Describe prevailing forms of marriage and, in 
polygamy, relations between the wives or between 
the husbands. Describe lot of widow, of divorced 
woman, and of offspring of divorced irents ; also 
procedure and causes of divorce. 



6 The Family 

Lecture 8: 

State in what ways sexual choice, (i) of youth 
of both sexes, (2) of mature men and women, is 
limited, describing punishments for breaking pre- 
vailing social regulations of sexual choice. 
Lecture 9: 

Describe betrothal and marriage ceremonial. State 
extent of wife's ties to her family after her marriage. 
Describe conjugal duties and obligations. State in 
what ways wife is excluded from husband's interests, 
occupations, etc. 
Lecture 10: 

Describe economic activities of wife and of husband. 
State facts showing whether wife is considered a chat- 
tel to be disposed of at husband's pleasure or at that 
of his heirs, or whether she is herself a property owner. 
Lecture ii: 

State method of reckoning descent and of com- 
puting kinship. Describe facts of fictitious parent- 
hood, various kinds of adoption, etc. 
Lecture 12: 

Describe prevailing kinship groups, giving in 
detail religious, economic, and juridical ties of group. 
Lecture 13: 

Describe as in Lecture 12. 
Lecture 14: 

Describe as in Lecture 12. 
Lecture 15: 

Present analysis of highest ethical type of family. 

The questionnaire in the Appendix will be suggest- 
ive to advanced students in their work of analysis. 



Introduction 7 

Notes D are intended to present the most striking 
facts upon which the topical outlines are based in a 
clear and condensed form. Such facts are too fre- 
quently stated in such a scattered way that they 
merely serve to bewilder the reader. The order 
observed in tabulating both groups and facts is that 
which will best illustrate the topical treatment. To- 
wards the end of the course the instructor may find 
it a profitable exercise for the students to group 
together the familial characteristics of each com- 
munity, comparing the actual development of the 
family within each community and the familial 
characteritsics of one community with those of 
another with the criteria of family development that 
are suggested in the lecture outlines. Many irregu- 
larities will, of course, be found, and the peculiar 
social conditions to which they are due will have to 
be explained. The groups described in Notes D in- 
clude those cited and starred in the foregoing list, 
and, as already stated, these brief summaries may 
enable the instructor to keep a close watch with- 
out much expenditure of time upon the special 
work of each student. 

In case of translation from a non-English source, 
although, for the sake of condensation, a close trans- 
lation has, in many cases, not been made, yet great 
care has been taken that the exact meaning should 
not suffer through condensation. 

At his first report the student should give a gen- 
eral description of the people whose family organisa- 
tion he is to study in detail. It should be based on 
reference reading assigned to him during the first lec- 
ture hour. The bounds and nature of the inhabited 



8 The Family 

territory, the size of the group, its modes of sub- 
sistence, its economic and political classes, and its 
general social organisation, tribal, monarchical, demo- 
cratic, etc., should be noted and reported. In par- 
ticular, the prevailing means in general of enforcing 
custom should be noted. Whenever possible (our in- 
formation is sometimes deplorably scant in this con- 
nection) the nature of the sanction for the custom 
should be given. Post's Grundriss der ethnologischen 
Jurisprudenz will prove a valuable reference book for 
this purpose. Other general data may be obtained 
from standard encyclopedias, from historical works 
like Rogers's A History of Babylonia and Assyria, 
vol. i., New York and Cincinnati, 1900 ; Paton's 
The Early History of Syria and Palestine, New 
York, 1 90 1 ; Barton's A Sketch of Semitic Origins, 
New York and London, 1902 ; or from recent works 
on general anthropology such as Deniker's The Races 
of Man, London, 1901 ; or Keane's Ethnology, Cam- 
bridge, 1891, and Man, Past and Present, Cambridge, 
1899. Stanford's Compendium of Geography and 
Travel, London, 1878-1885, and Mill's International 
Geography, New York, 1900, London, 1903, are also 
useful reference books. The student should also, at 
this time, give an account of the source or sources 
of authority which he is to draw upon in his special 
study. 

In view of what has already been said, it is perhaps 
unnecessary to suggest that the expository method of 
lecturing be practised as little as possible. In addi- 
tion to the constant calling forth of the students' 
knowledge of the groups which are their special sub- 
jects of study, the instructor may greatly stimulate 



Introduction 9 

the students' interest by asking questions anticipatory 
of the ideas to be developed in the topical outline. 
I know of nothing more stimulating in the lecture- 
room than such anticipatory questions. In illus- 
tration, the following questions suggest themselves : 

If prolongation of the period of suckling is part of 
the lengthening out of infancy from lower to higher 
orders among mammals, why is it that a shortening 
of the lactation period goes on among human groups 
pari passu with advances in general culture ? 

What is the most general reason for the killing of 
one child in a twin birth ? 

What is the chief way by which the child adapts 
himself to his environment? 

What effects upon parenthood has a very marked 
segregation of the sexes ? 

How does the form of sexual intercourse affect 
offspring ? 

What relation has there been between the form 
and the duration of marriage ? 

What restrictions are there in different social 
groups, your own, for example, upon absolute free- 
dom of sexual choice ? 

How may descent be reckoned ? 

What is the criterion of a developed type of family ? 

II. It is no easy task for an instructor to arrange 
for systematic observation by his students of particu- 
lar social facts in their environment. The facts must 
be neither too familiar nor too novel or inaccessible. 
In the first case, the student will overlook them or will 
find it difficult to look at them from a scientific point 
of view, — they have become so much a part of his ex- 
perience from a different standpoint. In the second 



io The Family 

case, conditions of observation may require an unjusti- 
fiable amount of the student's time, or the difficulties 
of classification may be excessive. After using the 
following method of field work for six years, I submit 
it here, in considerable detail, because it seems to meet 
the aforesaid requirements, and because in general it 
fits in with the lecture outlines. 

The student is to pay weekly visits to two or more 
families with whom she 1 has been previously unac- 
quainted. This visiting may be arranged for through 
the local Charity Organisation Society, or through 
any relief society that makes use of the volunteer 
" friendly visitor" in its work, or in any other way that 
suggests itself. Whatever method is employed, the 
visiting must be systematic, and there must be some 
reason other than that of getting information in sight. 
It is preferable for the visiting to start on a business 
rather than a charitable footing. The social relations 
of those visited are, in the former case, more normal, 
and their attitude to the visitor is more frank and 
friendly. Insurance or rent collecting might, under 
special circumstances, serve this purpose. But, wher- 
ever the penny provident saving system is established, 
weekly visits in the character of penny provident col- 
lector from the penny provident station of the given 
neighbourhood, preferably a station in a social settle- 
ment, is, for women students at least, undoubtedly the 
best arrangement. It will be well to limit the families 
to those living in a particular neighbourhood, presum- 

1 This particular style of visiting has been followed only by women students; 
but it would probably be practicable for men students with certain changes of 
detail. The visits would have to be paid at times when the men of the fami- 
lies were at home. 



Introduction n 

ably that of the " station." Families living in the same 
house, or near-by houses, may be in charge of the same 
collector. This arrangement economises the time of 
the student, it seems more natural to the depositors, 
and it gives the student opportunities to learn of the 
relations of neighbours to neighbours. 

A note-book is to be provided for each family, and 
the facts observed at each visit are to be promptly and 
carefully recorded by the student. No attempt at 
classification is to be made in keeping the note-books 
The student should be told to record whatever she 
considers a social fact or a fact which bears in some 
way or other upon the social life of the family. A mass 
of heterogeneous material will doubtless result. After 
the first two or three visits, the instructor is to start 
the student at work on the tabular classification of such 
facts as are called for by the series of schedules given 
on pages 16-19. 

The instructor may put a model schedule on the 
blackboard or prepare one for each student. In 
the latter case, the student should, herself, prepare the 
schedules needed for the second or third family. The 
average student is curiously unskilful in preparing 
tabular forms. The material used should be a rather 
stiff cardboard, which may or may not be red-ruled in 
advance. In the latter case, the ruling should be hori- 
zontal only, allowing for varying proportions for the 
subdivisions. The recording should never be crowded ; 
more space may be obtained by adding together, by 
means of glued paper, two or more blanks for one sub- 
ject. The records of each family should be kept 
separate in a large manila-paper envelope labelled with 
the name of the family. It will be well to give the 



12 The Family 

schedules out one at a time as the corresponding topics 
are discussed in the lecture-room. It is good practice 
for the students to put tentative schedules on the 
blackboard before receiving the model schedule from 
the instructor. Naturally, there is nothing final about 
the proposed scheme of classification. In fact the 
student should be encouraged to change or add to the 
classification, these changes to be accepted, however, 
by all the students. 

The student should be required to give a source 
of authority for every statement. Each person from 
whom information is received should be numbered, 
and the same number should refer to the same person 
throughout the set of schedules. Towards the end of 
the observation period, the student shouldalso indicate, 
in connection with each statement where the record 
is incomplete, the reason or reasons for the lack of 
information. Recurrent reasons, such as ignorance 
or unwillingness to talk on the part of the person 
questioned, may be indicated in a way similar to the 
method of giving sources of authority, using letters 
instead of numbers. Special reasons for lack of in- 
formation may be given on the back of the respective 
schedules. This plan tends to make the investigation 
of the student more thorough, as well as helping the 
instructor to point out quickly to her her shortcom- 
ings. Moreover, in cases where, owing to peculiar 
reticence, or suspicion, or indifference, it is unusually 
difficult for the visitor to secure the desired informa- 
tion, she is less apt to become discouraged when she 
can make plain the particular disadvantages under 
which she is working. 

A proper use of the note-book and schedules, i.e., 



Introduction 13 

discrimination in observing facts having a direct 
bearing upon the particular family study, truly sig- 
nificant facts, and accuracy and completeness of 
statement in recording, requires, in most cases, a 
special training of the individual student and a 
thorough oversight of her work. This can only be 
accomplished through weekly consultations with the 
instructor. The following entries made during an 
actual course of instruction are characteristic of the 
work of the average untrained student and illustrate 
the kind of correction called for. 



Student's Record 

Johnny. 

In hospital 2 years 

ago. 
Nursed baby. 



Goes to Sunday 
School. Doesn't 
know the exact 
address. 



Record Corrected according to 
Instructor's Suggestions 

Johnny 1 : John Joseph [patron saint] 

Brown. 3 

Two weeks in March" 1808. 2 



Suckled by mother " about two years."" 
Fed " whenever he cried." 2 (These 
facts recorded in note-book, but not 
given on schedules.) 
No other food, 2 Cp. date of birth of 
Thomas Brown (showing that mother 
was pregnant during latter part of lacta- 
tion period). 

Sunday School "round the corner"' 
(All Saints Church S. S., 128 East 39). l 
"Off and on for three years " 3 (1897-). 
Sunday, 10.30 a. m., 3, 4, 1900, at home 1 , 
" Don't want to go to S. S. to-day.'" 
Hours of S. S. 9.30-10.45. 8 "I like 
to have him go to get him out of the 
way." a 



1 Personal observation. 

' Eliza Stewart Brown (Mother). 

8 John Joseph Brown. 

• Person answering does not remember exactly. 



14 The Family 

Discrimination, accuracy, etc., and thoroughness are 
not all that is required of the student if she is to become 
a skilled social observer. She must show a consider- 
able amount of sympathy and tact as well. If she is 
not already possessed of these traits, of course she 
will find it a hard task to acquire them for any special 
occasion. But even here the instructor can be of 
help in leading the student to note the resemblances 
as well as the differences between herself and those 
visited, and in suggesting subjects for friendly conver- 
sation. It may happen that the student is ordinarily 
a so-called responsive person, but that in her visit- 
ing she feels constrained by the idea that she is an 
unwarrantable and deceptive intruder upon family 
privacy. She feels hypocritical in asking questions 
or in directing conversation along the lines suggested 
by the schedule classifications. I think this doubt 
may be cleared away if she is made to see clearly the 
many ways in which, in addition to the teaching of 
thrift, if she is a penny provident collector, she may 
be of service to the family she is visiting. She may 
encourage the children to be regular in school at- 
tendance, or she may find a place in a neighbouring 
kindergarten for a younger child. She may persuade 
some member of the family to join a club in the 
church or settlement or become a member of the 
circulating library. In times of illness she may refer 
the family to the best dispensary or hospital, or she 
may secure the service of a district nurse for them. 
She may see to it that neglected eyes or throat or 
teeth are attended to. She may make suggestions 
in regard to ventilation, to exercise, or even to 
the more healthful dressing or feeding of the child- 



Introduction 15 

ren. 1 No doubt much of this information the student 
will have to first learn for herself, particularly in regard 
to the institutional opportunities of the neighbourhood. 
This leads to the second consideration, which ought 
to overweigh in her mind any feeling of unfairness or 
bad taste. Through this education in practical philan- 
thropy, through this acquaintance with institutional 
methods as well as with the special needs of special 
families, she is fitting herself for many forms of social 
usefulness. She may consider the families she visits 
unconscious partners, so to speak, through the experi- 
ences they give her, in her coining social service. 

1 Clews, Field Work in Teaching Sociology in Educational Review^ Sep- 
tember, 1900. 



i6 



The Family 



O 

o 

X 
H 



-.2 8 

O <U .2 



4*»* 






h „_ M O rrj tj 

u- rt — ° ^ 

o « • '** .« o 

o cu--3 .Sort ? o,^ 



0) 



tuo £ 



&S ° 

O C cJ 
*-3 rt .2 



eJ O £ 

Oh ^ 

SO) " 

to 53 HJ 

C3 O 

tj'd a 

C d t/i 



*-> A _Q ^2 as _s C ' 
PCX - n to £ 



T3 CI 

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* u •- 



£j S §1.238 H y 

O.S3 *3 B 



<~r2 



Introduction 



i7 



MARRIAGE 



Family 



Name 



Date of mar- 
riage (or mar- 
riages; duration 
of widow- or 
widower-hood). 



Courtship 
(acquaintance 
\\ith bi.de or 
groom befo-e 
marriage; inci- 
dents of court- 
ship; preferred 
traits in bride 
or groom; rea- 
sons for marry- 
ing; economic 
provisions for 
marriage; wed- 
ding). 



Division of 
labour and eco- 
nomic direction 

of household 
since marriage. 



Sympathetic 
relations and 
common inter- 
ests of husband 
and wife. 



KINSFOLK 



.Family 



Name. 



Position among 
kinsfolk. 



Past and present 
residences. 



Communication and 
intercourse. (Visits. 
Aid: gifts and personal 
service. Letters. Photo- 
graphs.) 



Many other schedules referring to the economic 
and cultural conditions and traits of the family may 
be planned as exercises in tabular record-keeping. 
For example : 



i8 



The Family 



•m 




O 


^3 </J .~ 


O 3 o, 


,c o « 




, j_, ^_^ 


"SiJS'Sil 


&• 2 £ S « 


a3 . « a "* 


w C -**« b/5 


Oo n^c 


r-; •- CJO O -~ 


U - cs g 




<u 




u 




53 












c 








5 




h 




05 




u 




>H 




3 








.a 




p* 




J. (A 




§1 


o 

o 


■si 


P4 








1-2 


w 




o 




o 








en 




C 




u 




S 








S 


cj 




in 




J3 


J 


a 


<u 


& 


~ i 


. . C "^T3 


ition of resi- 
e (street ad- 
; descriptio 
lding in wh 
is placed, i 
unding buil 
ngs, etc.). 


U) U ui"i D O-h 


Po 
den 
dres: 
f bv 
horn 
surr 




o I 



Introduction 



19 



The following arrangement for facts which the 
student has failed to classify will be of service *: 

INTERESTING FACTS STILL UNCLASSIFIED 



Date of 
Observation. 



Family 



Subsequent 
Classification. 



The following books and articles will be of practical 
service to the penny provident visitor : 

Balch , Suggestions for a Study of Conditions of 
City Life, Boston, 1904; Richmond, Friendly Visit- 
ing; Hunter, The Savings Society of Newport, in 
The Charities Review, October, 1899; Holt, The 
Care and Feeding of Children, New York and London, 
1903. Of particular use in New York City will be 
Charities Directory, published every year by the 
Charity Organization Society ; Dinwiddie, The Ten- 
ants Manual, Greenwich House Publications No. 1, 
New York City, 1903 ; Herzfeld, Family Mono- 
graphs, New York City, 1905. 

1 A like plan may be followed in the card system used in the ethnographic 
or historical group studies in the case of facts for which, because of their 
limited bearing or exceptional nature, no place is found in the topical outlines. 



LECTURE I 



THE MEANING OF THE FAMILY IN EVOLUTION 



The biological 
value of infancy 



The value of 
parental care 



THE lengthening of infancy is an important step in 
the evolution of the higher forms of life. Crea- 
tures low in the scale of life are born possessed of all 
the characteristics of their species. As Mr. Fiske has 
worded it, they get their education before they are 
born. There is little chance for individual variation. 
More complex organisations, on the other hand, are 
born in a more or less plastic state. Their develop- 
ment continues after birth. This plasticity, this ca- 
pacity for development, makes individual variation 
possible, and individual variation is the key to natural 
selection. 1 

Infancy — and by this term we mean the whole period 
of immaturity after birth — is a more or less helpless 
and dependent state. In order that organisms may 
survive this period, protection is necessary. Parental 
care is an important means of protection. We find 
that as infancy is prolonged in the progress of species, 
the care given to offspring by parents is increased. 
It extends over a longer period and it is directed more 
and more towards the total welfare of offspring. The 
need of a potentially many-sided and enduring kind of 

Although recent contributions to the theory of variation, notably the 
re-introduced Mendelian theory, greatly affect the Darwinian theory of natural 
selection, nevertheless the evolutionary significance of the prolongation of 
infancy and of the family remains unchanged. See Morgan, Evolution and 
Adaptation, New York and London, 1903, chap. viii. 



Meaning of the Family in Evolution 21 

parental care is filled through the social group we call 
the family. 1 

The family has been only one of the many forms of The relation of the 

, . 1 • 1 1 r it family to evolution 

association that have served in the evolution of life. 
The ability to leave progeny is one of the success 
winning characters in the struggle of natural selection. 
This ability is greatly enhanced through the family. 
It will be our task to learn, through a study of family 
structure, how in the care of offspring the function of 
the family form of association has been performed. 2 

In the lower forms of animal life, not to consider The development of 

^11 . /• r 11 1 a.' l_ protective relations 

the lowest forms of all, where generation by gemma- between parents 

tion or by fission occurs, post-natal relations between and off8 P rin e 

parents and offspring either do not exist at all or are 

of the most transient nature. In many species of fish 

and amphibia external fertilisation takes place ; the 

female deposits her ova and the male sprinkles them 

with his milt. The fertilised eggs are then hatched 

without the aid of either parent. In other species 

there is internal fertilisation, and the fertilised eggs 

are retained in the ovary or oviduct of the female 

until they are hatched. The males of several species 

carry the fertilised eggs until hatched in their mouths 

or in pouches of overlapping skin on the under side of 

their body. The males of other species make nests 

of seaweed or scrape holes in mud or gravel for the 

fertilised eggs. In a comparatively small number of 

1 By the term family we shall mean parents and their offspring. Qualifying 
expressions will be used in referring to larger kinship groups. 

2 It is difficult, if not impossible, to distinguish sharply between physiologi- 
cal and social facts in family relations. The growth of parental sympathy, 
for example, is undoubtedly a social fact, but it is equally certain that its gene- 
sis lies in physiological activities. Therefore, in discussing the beginnings of 
parental relations, we shall not attempt to differentiate between social and 
physiological facts. 



22 The Family 

species the females are viviparous. Among the fe- 
males of a great many species of amphibia, external 
sac-gestation is the rule. In several species the male 
helps to place the extruded eggs in the hatching sacs. 
With one exception, internal fertilisation characterises 
the class of reptiles, and the higher species are vivipar- 
ous. A few species of oviparous snakes incubate 
their eggs. Among birds the incubating habit is fully 
developed. The lowest species scrape holes in the 
sand for their eggs, and the males are the sole or chief 
brooders. Many of the young of the higher species 
are hatched blind, all are hatched naked and depend- 
ent upon their parents for warmth and nourishment. 
The young of mammals are born, after a more or less 
prolonged period of gestation, still more helpless. 
The females of certain species of marsupials, an order 
low in the class, carry and suckle their young in ab- 
dominal pouches for several months after birth. In 
the higher orders of mammals, the characteristic pro- 
cess of lactation is more developed than in the lower. 
The process of gestation is also more developed. 
The attachment between the foetus and the uterus is 
closer. The nutrition of the foetus is more direct. 
The area of attachment is called the placenta and the 
higher orders of mammals, in which it is larger and 
more complex, are called the placentia. As the at- 
tachment becomes still more complex, the placentia are 
divided into the non-deciduate, in which the attach- 
ment is less complex and the response of the uterus 
to the needs of the foetus less immediate, and the de- 
ciduate, in which the attachment is more complex and 
is detached from the uterus after birth. The young 
of the deciduate placentia are all born quite feeble 



Meaning of the Family in Evolution 23 

and incapable of maintaining their own temperature. 
Among the lemurs, monkeys, and apes, the placental 
attachment is still more complex, gestation longer, and 
the post-natal relations of parents and offspring more 
permanent. Old-world monkeys are suckled for twelve 
months. They do not reach maturity for four or five 
years. The young of the gibbon, the lowest genus 
of apes, stay with the mother for seven months. 
They do not mature for ten or more years. Female 
orangs and chimpanzees are accompanied by offspring 
of one or two years of age, even after the birth of a 
younger relative. A gorilla family consists of an old 
male, a female, and their offspring. 

Let us now consider these facts of developing parent- The relation 
hood from the point of view of birth- and death-rates. rateTa^/birthl 

In view of the fact that in the struggle for existence rates 
the unprotected egg of a given species is prey for a 
great number of other species, the chance of its being 
hatched or, if hatched, of reaching maturity is almost 
infinitely small. Under these conditions a species can 
maintain itself only through immense fertility. To 
offset an enormous death-rate an enormous birth- 
rate is necessary. Many species of fish spawn by 
thousands ; certain species even by millions. Of the 
27,800 eggs spawned by the female herring, for ex- 
ample, half are not even fertilised by the male ; a large 
part of the remainder are devoured by other fish and 
by sea birds, and of those that are finally hatched not 
more than one tenth survive six months. As soon as The relation 
the slightest trace of parental care is discovered the cabana bfrth-rate 
chance of survival is increased and the birth-rate is 
lowered. Mr. Sutherland has made some interesting 
calculations along this line. Of fish, he states that 



24 The Family 

"of species that exhibit no sort of parental care, the average of 
forty-nine gives 1,040,000 eggs to a female each year; while among 
those that make nests, or an apology for nests, the number is only 
about 10,000. Among those which have any protective tricks, 
such as carrying the eggs in pouches, or attached to the body, or 
in the mouth, the average number is 1000 ; while among those 
whose care takes the form of a uterine or quasi-uterine gestation 
which brings the young into the world alive, an average of fifty- 
six eggs is quite sufficient." l 

The same diminution of the birth-rate accompanies 
the development of parental care from class to 
class. The average of seventy-five well-distributed and 
typical species of fish was found to be 646,000 eggs ; of 
twenty species of amphibia, 441 eggs; of thirty-nine 
species of reptiles, 1 7 eggs ; of 2000 typical species of 
birds, a trifle over five eggs ; of eighty-two typical spe- 
cies of mammals, 3.21 offspring to each female every 
year. The higher orders of mammals taken together 
average only 1.3 offspring each year, and the apes and 
mankind do not exceed one every two years. 2 
The gain from a Diminution of offspring is a threefold gain to a 

species. (1) It lessens the vital drain upon the par- 
ent. 3 (2) It enables the size and capacity of the 
limited number of offspring to be increased. (3) In 
the case of the higher developments of parental care 
after birth, it concentrates the advantage of that care 
upon a few instead of scattering it, and thereby 
weakening its influence, upon many. 

1 Sutherland, The Origin and Growth of the Moral Instinct, New York 
and Bombay, 1898, i., 40. 

2 /£&/., i., 41. 

3 Of interest in this connection is the fact that among many forms of vegetal 
life and among some low forms of animal life the act of reproduction termin- 
ates the life of the parent. 



diminution of off- 
spring 



Meaning of the Family in Evolution 25 

In a later lecture 1 we shall learn that many hu- 
man groups have been more or less conscious of 
these advantages, and have more or less purposively 
made use of artificial means to secure them. 2 

NOTE A 

Infancy. 

Fiske, Essays of an Evolutionist, chapter xii., The Mean- 
ing of Infancy. 
Association among Animals. 

Kropotkin, Mutual Aid a Factor of Evolution, New York, 
1902, chapters i.-ii. 

Parental Care among Animals. 

Sutherland, The Origin a?id Growth of the Moral Instinct, 
chapters ii.-v. 
The Laws of Multiplication. 

Spencer, Principles of Biology, ii., Part vi. 

1 Lecture III. 

2 Infanticide exists among the lower animals, but is an unusual and more or 
less pathological fact. Fere : L Instinct sexuel, Paris, 1899, pp. 62-65. 



LECTURE II 



THE DURATION OF PARENTAL CARE AMONG MANKIND 



Length of human 
gestation 



Artificial short- 
ening of lactation 
period 

Not usual among 
lower type of hun- 
ters and fishers 
Usual among herd- 
ers and tillers cf soil 



Entirely artificial 
feeding 



Wet-nursing and 
fosterage 



Social causes of dis- 
use of function 



THE nine months' gestation period of the hu- 
* man mother is, in proportion to weight, the 
longest known. The natural lactation period of 
three or four years is also the longest known. 

Where the food supply consists of roots, berries, 
insects, fish, or game, lactation continues as long as 
the milk supply lasts, — for three or four years. 1 Even 
older children are occasionally suckled. Among 
herders or tillers of the soil, the milk of domestic ani- 
mals or cereals are substitutes for mothers milk, and 
the lactation period is from three to two years or 
even less. 2 Modern milk analysis has made possible 
the modification of cows milk and the preparation 
of other foods in such a way that infants may be arti- 
ficially fed from birth. 

Among superior economic classes the employment 
of a foster-mother or nurse is not uncommon. Among 
groups where economic classes are not to any extent 
differentiated, nurslings are sometimes suckled by 
foster-mothers 3 on the death of the natural mother ; 
more commonly, however, they are killed. 4 

Lacteal inability of the mother due to habits of 

'See p. 268. 
2 See pp. 279, 299. 
3 See p. 250. 
4 See p. 45. 

26 



Duration of Parental Care 27 

dress or unwholesome ways of living in general, un- 
willingness due to socially tolerated indolence or 
personal or class vanity, incompatibility between 
conditions of labour and suckling, the belief that 
lactation prevents conception, 1 the custom of sexual 
abstinence during the lactation period, 2 are the 
chief social causes of the disuse of this maternal 
function. 

Like other practices, the practice of lactation in variations in lacta. 

r 1 1 ti° n habits from 

any community may vary from class to class or a class to class 
uniform practice may result from different motives. 3 
In the modern industrial community, for example, Example from 
where lactation for eight or nine months followed by community US 
artificial feeding is known to be the best routine, 
mothers in the wage classes frequently nurse their in- 
fants, because of ignorance, poverty, or the desire to 
prevent conception, for a period of two years or more. 
On the other hand, mothers in the capitalist classes 
may not, because of ignorance or indolence, nurse 
their infants at all. Again, entirely artificial feeding 
is not uncommon in the lower economic classes ; but 
when it occurs it is usually due to the exigencies of 
the wage-earning occupations, including wet-nursing, 
engaged in by the mothers. 

1 See p. 50. 

'See pp. 95, 96. 

3 Whenever economic or cultural classes are differentiated, it is extremely im- 
portant, in observation of the societies to which they belong, to note class 
variations of belief, practice, or custom. All cultural stages, for example, are 
probably represented in any modern civilisation. Failure in discrimination 
along this line, a failure to which democracy is particularly prone, is responsible 
for many social mistakes, legislative, philanthropic, etc. For primitive family 
practices and habits in civilisation, see p. 34, Note A, (Verrijn, Booth, Rown- 
tree);p. 34, Note A, (Wright, Rowntree); p. 34 , Note A, (Wolf, Booth) ; and 
for class differentiation in general in civilisation, see Giddings, Indictive 
Sociology^ pp. 249-264. 



28 The Family- 

Need of observation it i s unfortunate that information about habits of 

of lactation habits 

lactation is so scant. Facts about the regularity and 
amount of feeding, the physical habits of nursing 
mothers, the feelings and beliefs of mothers about the 
function, 1 should be carefully noted, both by ethno- 
graphers and observers of civil societies. These facts 
are essential to any comprehensive study of mater- 
nity or of public health and education. 2 
Duration and na- Among mankind, as among the lower animals, the 

ture of parental care ° ° 

among mankind in duration and nature of parental care in general more 
or less correspond to the period and degree of imma- 
turity characteristic of the offspring, which, in turn, 
more or less correspond to the nature of the environ- 

Eariy economic ment. 3 Where the forms of food and shelter in use 

spring are supplied, for the most part, directly by nature, such 

as roots, seeds, berries, fruits, shell-fish, etc., and caves, 
trees, rude huts of bark or wood, children from seven 
to ten years old, or even younger, in some cases soon 
after they are weaned, may begin to provide for them- 
selves. Where, on the other hand, the habits of satis- 
fying physical wants are more or less elaborate, 
depending upon speed, strength, endurance, cun- 
ning, foresight, self-control, persistence, in hunting, 
fishing, cultivating the soil, handicraft, cattle raising, 
or trade, offspring may be economically dependent 
upon parents up to all ages from ten to twenty. 

postponement of With the growth of knowledge and of specialisation, 

economic independ- , 1 . ~ . •11 • 11 1 

ence of offspring the production of certain social values, as in all the 
so-called learned professions of to-day, for example, 
requires ever-increasing degrees of intelligence and 

1 See p. 96 . 

2 The recent British Inter-departmental Committee on Physical Deteriora- 
tion has borne witness to this statement. Report, London, 1904, pp. 50, 51. 

3 By environment we mean the social as well as the natural surroundings. 



The Duration of Parental Care 29 

training. This class of producers may even have to 
depend on parental support or its substitutes until 
the age of twenty-six or twenty-eight. 

Economic progress is accompanied by increase of social education 
size in the group of associates and by increase of 
complexity in their social organisation, and social 
relations requiring forethought, self-control, and a 
high degree of sociability develop. Although parents 
are not always the direct agents in this social educa- 
tion, nor are they always for that matter in strictly 
economic education, nevertheless prolonged social 
education tends to prolong filial dependence. 1 Par- 
ents may, for example, be called upon to defray both 
the direct and indirect expenses of social education, 
i. e. y fees of initiation or membership in social organi- 
sations, and the cost of maintenance in general during 
the acquisition of social experiences. 

Separate residence in special quarters for youth, Fact8 indi 



cative of 



marriage, so-called initiation or majority ceremonial, inde P endence ° f 

j j parental care 

independent property-holding, political privileges, in- 
dicate the beginning of independence of parental 
care. 

It is not uncommon for boys below puberty, and, Sep arate reader 
although much less frequently, for girls below nubility, 
to live or sleep together in separate dwellings. They 
may continue to be more or less dependent for food 
and other things upon their parents. The separate 
residence of the marriageable youth of both sexes 
(again a much more frequent circumstance in the 
case of males than females) in separate houses, often 
organised as club-houses, is a still more common 

1 Exceptions occur in societies where military and ecclesiastical classes are 
highly differentiated. 



marriage 2 



30 The Family 

arrangement. We find all kinds and degrees of home- 
leaving, from this formal arrangement to a more or 
less fortuitous " setting out to seek one's fortunes." 
On the other hand, parents and offspring may con- 
tinue to live in the same dwelling long after the latter 
are mature. We shall consider this fact of common 
residence later in connection with the compound 
family. 1 
customary age at In this, as well as in other connections, the custo- 
mary age 2 at marriage is an important fact. Mar- 
riage frequently indicates the separate establishment 
of youth or maiden. Membership in a compound 
family, as we have seen, however, precludes sepa- 
rate residence at marriage as well as at other 
times. We should note that in marriage by service 3 
the bride continues to live for a time under the care 
and protection of her parents. Parental care often 
extends to non-resident married daughters and the 
maltreated or deserted wife often returns to her par- 
ents. Sometimes protection of this kind, however, 
is rather to be classed as a function of kinship, like 

1 See p. 277. 

2 The age at which puberty or nubility is reached is naturally an important 
factor in determining age at marriage. It varies with girls from eight or ten 
to eighteen or twenty years of age. The corresponding period with boys is 
two or three years later and there is probably in their case less variation, de- 
velopment usually occurring between the ages of fourteen and eighteen. The 
causes behind this range of age are still obscure. See Ploss and Bartels, Das 
Weib, i., 362-381, also Marro, La Puberth studiata nell uomo e nella donna." 
Turin, 1901, chap. i. Their determination would be of immense significance 
to anthropology in general and to the history of the family in particular. 

We should note that the age at which reproduction begins is often to be dis- 
tinguished from the age at marriage, an important fact in considering the 
duration of infancy. Even when marriage occurs after nubility it may be cus- 
tomary to delay maternity for several years. Strictly speaking (see p. 120.) 
such a relation is not marriage. 

8 See p. 62. 



The Duration of Parental Care 3 1 

common residence in the compound family, than as 
an expression of parental care. 

Initiation or majority ceremonies are extremely sig- initiation of 
nificant in the study of culture in general, and in that 
of education and of family structure in particular. 
They are, as a rule, suggestive of the personal traits 
thought to be necessary to successful manhood or 
womanhood in the given group. Candidates may be 
tested in speed, endurance, courage, and self-control. 
At this time special group traditions of a secret 
nature are generally imparted to the young people. 
Economic training and social instruction in general 
are often part of the initiation ceremonial. Bodily 
mutilations, tattooing, scarification, nose, lip, or ear 
piercing, circumcision, etc., are suffered, or special 
ornaments or garments adopted. At this time taboos 
on eating or hunting certain kinds of game may be 
removed. The youth frequently is not allowed to 
marry or claim independent religious, juridical, or 
political rights until his initiation. Although he may 
not become independent of his father or male kins- 
men at initiation, he invariably becomes independent 
of his mother. Thereafter he lives more or less sepa- 
rated from her and from his other female relatives. 1 
His club-life often begins at this time. Initiation Age at initiation 
may take place at puberty or several years later, at 
1 8, 20, 21, etc. A sub-initiation, so to speak, or a 
preparatory ceremonial sometimes occurs also before 
puberty. Again the ceremonies may stretch over 
several years. The definite time of celebration, i.e., 
the determination when the candidates have reached 

1 See p. 98. 



32 



The Family 



Difference in 
ceremonial accord- 
ing to sex 



Age-classes 



Prolongation of 
filial dependence' 
in ethnic society 



puberty, for example, may be decided by relatives, 
by the father, older brother, etc. Because of the 
usually larger group tradition to which the boy is 
initiated his initiation ceremonial is almost always 
more elaborate than the girl's. Sometimes there is 
no initiation ceremonial for girls at all. 

Social distinctions between children under puberty, 
youths and maidens over puberty, but unmarried, and 
married men and women are frequently so marked 
that initiation and marriage, or, rather, child-bearing, 1 
serve as dividing lines of three more or less sharply 
differentiated age-classes. 

It is important to note in general, as well as in the 
particular cases of residence referred to above, that 
parental care during immaturity and dependence upon, 
or subjection to, parents are not always correlative. 2 
In ethnic society, i.e., groups whose fundamental so- 
cial tie is the possession of common blood, dependence 
on parents and other relatives is not limited to the 
period of immaturity ; it tends to be lifelong. Again, 
filial subjection may also be lifelong when parents 
occupy the position of governors of kinship groups. 
In any attempt to follow out the stages of parental 
care among mankind it is very important to bear dis- 
tinctions between kinship and parental or filial obli- 
gations clearly in mind. We shall find that the 
former tend in social progress to lessen and the latter 



1 Freedom of sexual intercourse is frequently allowed the unmarried youth 
and maiden. It is the birth of a child, therefore, that marks the woman's 
entrance into the third age-class. Men enter it, as a rule, much later than 
women. 

2 The distinction is striking in Roman law. A son delivered from patria 
■*>otestas by the death of his father or grandfather remained under guardianship 
only until his fifteenth year, otherwise the patria potestas was lifelong. 



deaths per family 
among mankind 



The Duration of Parental Care 33 

to increase. Unfortunately ethnographers too com- 
monly fail to make the distinction. 

As far as we can judge from our scant ethno- Parental care and 
graphical data and from a few careful studies 1 of the births and chiid- 
economic and cultural classes of civil societies, dimin- 
utions in the number of births and child-deaths per 
family accompany advances in parental care from 
society to society or from class to class in the same 
society. No attempt has as yet been made to ana- 
lyse this fact from a physiological point of view, and 
social factors so complicate the subject of the natural 
fertility of mankind that such an attempt would be 
very difficult. It is to be hoped that in time, how- Need of study of 
ever, a comprehensive study of the relations between fertility 



parental care 



relations between 
child- 
birth and child-death rates and parental care among mortalit y. ai 

*■ o oarental c 

mankind will be made. In the next lecture we shall 
consider some of the social facts which affect the 
number of births and child-deaths per family. 



NOTE A. 

Customs of Child-Feeding. 

Ploss, Das Kind in Branch und Sitte der Volker, Leipzig 
1884, ii., 141-192. 

Lessons in Infant and Child-Feeding. 

Holt, The Care and Feedi?ig of Children, New York and 
London, 1903, pp. 35-115. 
Initiation Ceremonial. 

Schurtz, Altersklassen und Manner bunde, Berlin, 1902, pp. 
95-110. 

Garcilasso de la Vega, The Royal Com??ientaries of the 
Yncas, Pub. of the Hakluyt Society, London, 187 1, ii., 167-180. 
Crawley, The Mystic Rose, pp. 294-314. 
Ploss, Das Kifid y etc. ii., 41 1-45 1. 



1 See Note A, p. 34. 



34 The Family 

Totem Practices at Initiation. 

Frazer, Totemism, Edinburgh, 1887, pp. 38-43. 

Initiation Ceremonial, Ephebic Education, and Church 
Confirmation. 

Hall, Adolescence, New York, 1904, chap. xiii. 
Age Classes. 

Schurtz, Alter sklas sen, etc., pp. 125-173. 
Natality and Child-Mortality among Different Economic 
Classes in the Netherlands. 

Verrijn, Untersuchungen iiber die Beziehung zwischen 
Wohlstand, Natalitdt und Kinder sterblichkeit in den Nieder- 
landen in Zt. f Socialw., x. (1901), 49-62. 
In London. 

Booth, Life and Labour in London, London and New- 
York, 1903, x., 16-26. 

Among College- and Non-College-Bred Women in the 
United States. 

Smith, Statistics of College and Non-College Women in Pub- 
lications of the American Statistical Association, vii. (1900- 
1901), 1-26. 
Death-Rate among Poor Children of York. 

Rowntree, Poverty, a Study of Town Life, 'London, 1901, 
pp. 205-207. 

NOTE B. 

The Relation between Sociality and the Family. 

Social sympathy takes its rise in the family. Sutherland, 
The Origin and Growth of the Moral Lnstinct, i., 353-354. 

Sociability is a product of non-familial relations, Schurtz, 
Altersklassen und Manner bilnde, pp. 18-21. 

Social life the cause, not the effect, as Fiske sug- 
gests, of the prolongation of infancy. Giddings, Princi- 
ples of Sociology, New York and London, 1896, p. 229. 

No relation between education (adaptation to social 
environment) and family structure. Barth, Die Geschichte 
der Erziehung in soziologischer Beleuchtung in Vierteljahrssch- 
rift fur wissenschaftliche Philosophic u. Soziologie, Sec. Series, 
ii. (1903), pp. 57-80, 209-229. 



The Duration of Parental Care 35 

NOTE C. 

Study from ethnographical data the number of births and child- 
deaths (including artificial abortions) per family in relation to 
parental care. [Follow here and elsewhere whenever possible the 
comparative method suggested by Tylor in his On a Method of 
Investigating the Development of Institutions, etc., in J. A. /., xviii., 
pp. 256 ff., and used by Steinmetz (Ethnologische Studien zur 
ersien Entwickelung der Strafe) and Niebohr {Slavery as an 
Industrial System).] Study lactation habits from the point of 
view of education (regularity, control, etc.). Study the relation 
between father and son in the military and ecclesiastical classes 
of groups (1) where military and ecclesiastical functions are not 
hereditary, (2) where they are hereditary. Make a comparative 
study of initiation ceremonial (1) noting the traits required of 
candidates, (2) the parts played by parents and near kindred. 
Describe the " coming out party " as an initiation ceremony. 
Make a comparative study of the difference in age of males and 
females upon their respective entrance into age-classes. Collect 
data in addition to foregoing bearing upon query : Is man's 
infancy longer than woman's ? 

NOTE D. 1 

Veddahs: 

Children live with parents until marriage, p. 471. Youths 
marry usually at 13 or 14, girls at 11 or 12. They are 
mothers at 14. p. 469. 

Offspring even when grown seem attached to parents, p. 469. 
Yahgan. 

Period of lactation generally 3 years, but solid food — cooked 
muscles, fish, etc. — is also given at an early period to nurslings, 
vii., 195. Two children, born one after the other, are often 
nursed at same time, vii., 171. 

Children do not always live with parents. They may be 
carried off by a friend and live away from parents for weeks, vii., 
171. Ordinarily, all the children live together in a little hut which 

1 The full titles of the authorities from which the citations in this note and 
in the analogous notes at the end of each lecture are taken are to be found in 
the list of authorities on pp. 1-4. References are to the authorities that are 
starred. 



36 The Family 

they build, but their parents furnish them provisions; and 
when a band of natives come together from different parts, chil- 
dren live altogether with parents for protection, vii., 171. 

Parents generally care for children until latter marry, x., 331. 
Before she is definitely given to her future husband, a girl will 
go from time to time to visit him, returning to her parents ; but 
as soon as she reaches nubility her lot is settled, for fathers think 
it dishonourable to keep daughters after this period, vii., 171. 
Nubility takes place at 14 or 15. vii. 187. Girls marry at 13. 
H. &D., vii., 377. 

Formerly an initiation of boys at the age of adolescence, 13 or 
14, customary. They were taken into a large hut, and pledged 
to secrecy, forced to fast to emaciation, to undertake laborious 
task of keeping up fire in large hearth in hut. Meanwhile 
relatives admonished them to behave well. Singing, dancing, 
and masking took place. After initiation youth had the right to 
marry. Women and children not admitted to hut. H. & D., vii., 
377. Initiation of boys repeated several years and then they 
have a right to marry, vii. 175. Girls fast at puberty and are 
admonished by parents. H. & D., vii., 377. 
Central Australians: 

Suckling often continued up to age of 3 years or even older. 
p. 264. 

Marriageable age is usually about 14 or 15. p. 92. 

First initiation ceremony takes place when a boy is between 
10 and 12. p. 214. His elder male relatives (usually elder brothers) 
decide when he has arrived at proper age for circumcision, 
p. 218. While boys are being painted in first of initiatory cere- 
monies they are told that ceremony will promote their growth to 
manhood, and they are also told by tribal fathers and elder 
brothers that in future they must not play with women and girls, 
nor must they camp with them as they have hitherto done, but 
henceforth they must go to the camp of the men. Up to this 
time they have been accustomed to go out with the women as 
they searched for vegetable food and smaller animals such 
as lizards and rats ; now they begin to accompany the men in 
their search for larger game, and begin also to look forward to 
the time when they will become fully initiated into all the 
secrets of the tribe, pp. 215-17. The throwing of the boomerang 



The Duration of Parental Care 37 

in the direction of the mother's Alcheringa camp during the 
initiation ceremony may in all likelihood be regarded as intended 
to symbolize the idea that the young man is entering upon man- 
hood and thus, is passing out of the control of his mother and 
into the ranks of the men. p. 259. During initiation ceremony^ 
boy's Mura tualcha, the woman whose eldest daughter, born or 
unborn, has been assigned to him as his future wife, hands him 
the fire-stick, telling him to always hold fast to his own fire, in 
other words not to interfere with women assigned to other men. 
p. 222. 

If two men are fighting, mother and sister of each will cluster 
around him, attempting to shelter him from the blows of his adver- 
sary's boomerang or fighting club, frequently receiving the blows 
meant for him. p. 32. 
Point Barrow Eskimo: 

Children nursed until 3 or 4 years old. Probably due to fact 
that animal food on which parents subsist is not fit for young 
children, p. 415. 

Child carried naked on mother's back under her clothes until 
able to walk and often later, pp. 415-416. Boys of 6 or 7 begin 
to shoot small birds and animals and hunt for birds' eggs, and 
when 12 or 14 usually entrusted with a gun and seal spear and 
accompany fathers to the hunt. One boy not over 13 had a seal 
net set like the men's and used to visit it regularly even in the 
roughest weather. Lads of 14 or 15 are sometimes regular 
members of the whaling crews, p. 417. There were a number 
of boys who were excellent seal hunters and even able to manage 
a kaiak, but their lips were not pierced until 14 or 15, when they 
may be supposed to have reached manhood, p. 144. Little 
girls learn to sew and by the time they are 12 they take their 
share of the cooking and other household work and assist in 
making clothes for family, p. 417. 

First time a child is taken into a Kashim in village of its 
parents latter present a gift to each person present, p. 286. 
Behring Strait Eskimo: 

In child marriages husband enjoys the rights of other heads of 
families one month after wife reaches puberty, p. 292. Should 
a considerable time pass after a girl reaches puberty and no 
suitor appear, the father accumulates a large amount of food and 



38 The Family 

makes a festival to announce that his daughter is ready for mar. 
riage. p. 291. 
Central Eskimo: 

Children weaned when about 2. During this time frequently- 
fed from mothers' mouths, p. 556. 

Young children always carried in mothers' hoods, but when 
about a year and a half old allowed to play on the bed and car- 
ried by mothers when they get too mischievous, pp. 565-566. 
Children when about 12 begin to help parents, girls sewing and 
preparing skins, boys accompanying fathers on hunting expe- 
ditions, p. 556. 

As soon as a boy is able to provide for a family and a girl can 
do the work falling to her share they are allowed to marry, pp. 
578-579- 
Melanesians: 

Children commonly suckled until they can crawl, p. 231. 

New Hebrides : Membership in the powerful secret society is 
a matter of payment. A father will purchase it for son. pp. 
87, 114, 115. Banks' Isls. : A boy without property will be sup- 
plied by father or some friend with what is necessary for engaging 
patronage of his uncle, upon whom the expense of his initiation 
into the secret society, Suqe y falls, p. 106. 

Boys sleep and eat in a public hall or in club-house of secret 
society. Saa: A chief's son may go to eat at club-house, subse- 
quently to sleep there, at 12, commoners' sons go later, pp. 231- 
233- 
Ewe-Speaking Peoples: 

Children suckled ordinarily 2 or 3 years, p. 206. 

Boys remain under care of mother until old enough to be of 
service to father, when they leave maternal roof and live in 
father's house. Girls remain with mother until married, p. 204. 
Tshi-Speaking Peoples. See Note D, p. 
Yoruba-Speaking Peoples: 

Suckling lasts usually 3 years, p. 185. 

At death of father daughter laments: "Alas! my father is 
dead. Who will take care of me ? " p. 158. 

Thompson River Indians: 

Little care taken of children during a certain age. From their 






The Duration of Parental Care 39 

birth until able to walk generally wrapped up, and even taken 
too much care of ; but as soon as they can walk, and from that 
time up to 10 often allowed to run around exposed to weather, 
with little or no clothing other than a cotton shirt. It is during 
this period of life that most children die. pp. 177-178. 

Girls considered marriageable only after puberty ceremonies, 
approximately in 17th or 18th year. Sometimes ceremonies 
continued until 23d year. p. 321. Most of the men married 
from 3 to 7 years after puberty ceremonial, i. e., between 22 and 
25. p. 321. 

Adolescent boys commenced regular training when they 
dreamed for first time of an arrow, a canoe, or a woman, generally 
between 12 and 16. p. 318. Ordinarily boys went to lonely 
parts of mountains, remaining from 2 to 10 days at a time. If 
weather were good, they generally stayed away a month or two 
at a time, living on what game they shot. Sometimes they fasted 
many days. In the sweat lodge they prayed to be made physic- 
ally strong, agile, wise, brave, lucky, wealthy, good hunters, trap- 
pers, fishermen, etc. Also that they might never be bewitched, 
sick, poor, lazy, easily tired, etc. They jumped over sticks or 
bars, ran up and down hills as swiftly as possible without stop- 
ping. They practised shooting at marks. They made round 
holes in rocks with a jadeite adze, working every night until 
holes were two or three inches deep. This was believed to make 
the arm tireless and the hand dexterous in making stone imple- 
ments of any kind. pp. 318-320. Puberty ceremonies which 
boys had to perform depended upon their aspirations. Those 
who desired to become great hunters had to practise hunting 
and shooting in a ceremonial way. Those who desired to be 
warriors performed mimic battles. The would-be gambler 
danced and played with gambling sticks. If a boy wanted to 
develop into an extraordinary man, ceremonial extended over 
years, which he spent alone with his guardian spirit in the mount- 
ains, fasting, sweating, and praying, pp. 317-318. Lads who 
had shown themselves skilful in hunting were called " grown " 
in the sense that they had attained manhood; whereas others, 
although adults, not called " grown up " unless they had so dis- 
tinguished themselves in hunting or war. p. 205. During puberty 
ceremonial a girl had to run as fast as she could, pray at the same 



4o The Family 

time to the Earth or Nature that she might be fleet of foot and 
tireless of limb. She split small fir trees in two from top to bot- 
tom, that she might be strong of muscle and body. She dug 
trenches, that she might be capable of doing a large amount of 
digging and other hard work. She also wiped her eyes and her 
face with small fir branches, that she might be good looking, pp. 
312-313. She stroked her back and head with a hemlock branch, 
praying that those members might never get tired when carrying 
heavy burdens. She stroked her legs and feet, that they might 
never get tired when travelling long distances. She prayed that 
she might never be lazy, but always quick and active at work. 
She had to make miniatures of every article which women were 
in the habit of making, that in after years she might be capable 
of making those articles properly — baskets of roots and birch 
bark, mats of different kinds, rope, thread, etc. p. 315. 

Kabyles: 

Imechaddalen. Tax on birth of a son 3 reals. Father also 
gives a feast to the village 7 days after birth, iii., 417. Izer- 
faonen Likewise when he circumcises his son. When a child 
begins to fast (at majority) father gives a dish of concous to the 
mosque for the people, iii., 410. Cheurfa. If a father fail to 
have his son taught to read after one year has elapsed from 
cutting of his second teeth, fined 1 real, iii., 330-331. 

A father may marry off his daughter before she has reached 
age of puberty, ii., 149. 

A married woman may choose her father or another relative as 
guardian of her interests. Has right to visit her relatives when 
they invite her to attend important events in family. Her father 
has always the right to take her home, ii., 168-169. 

Ancient Arabs: 

Mothers must suckle their children two whole years for one 
who wishes to complete the time of suckling; and on him to 
whom it is born its sustenance and clothing are incumbent; but 
in reason, for no soul shall be obliged to go beyond its capacity. 
But if both parties wish to wean, by mutual consent and counsel, 
then it is no crime in them. And if ye wish to provide a wet- 
nurse for your children, it is no crime in you when you pay what 
you have promised her, in reason, ii., 233. 



The Duration of Parental Care 41 

Ancient Hebrews 

If the priest's daughter be a widow, or divorced, and have no 
child, and is returned unto her father's house, as in her youth, 
she shall eat of her father's meat; but there shall no stranger 
eat thereof. Lev. xxii., 13. A man was numbered at 20 years of 
age. Ex. xxx., 14. 

Babylonians: 

If a man give his son to a nurse and that son die in the hands 
of the nurse, and the nurse substitute another son without the con- 
sent of his father or mother, they shall call her to account, and 
because she has substituted another son without the consent of 
his father or mother, they shall cut off her breast. § 194. 

Ancient Hindus: 

The initiation should be performed for a Brahmana from 5th 
year after conception until completion of 16th year; for a Ksha- 
triya, in nth year to completion of 22d year; for a Vaisya, in 
1 2th year to completion of 24th year. If these periods pass 
without initiation men become despicable outcasts, ii., 36-40. 

Ancient Chinese: 

The tortoise shell was employed to determine the wife 
of an officer or the concubine of a great officer who should 
be the nurse of a ruler's son. xxvii., 472. This nurse quitted 
palace at end of 3 years. Son of a great officer has also a nurse. 
Wife of an ordinary officer nourished her child herself, 
xxvii., 476. 

Confucius said: "A son, three years after his birth, ceases to 
be carried in the arms of his parents." xxviii., 394. To a 
question about the son of a common man, the reply, if he be 
grown up, should be, " He is able to carry a bundle of firewood." 
xxvii., 115. 

At 20 he was capped and first learned the different classes of 
ceremonies . . . and attended sedulously to filial and fra- 
ternal duties. . . . At 30 he had a wife, and began to 
attend to the business proper to a man. ... At 7 boys and 
girls did not occupy the same mat nor eat together. A girl at 
10 ceased to go out from the women's apartments. At 15 she 
assumed the hairpin; at 20 she was married, or, if there were 
occasion for the delay, at 23. xxvii., 477. 



4 2 The Family 

Ancient Romans: 

Ascendants may appoint tutors by testament to those children 
who are in their power, though if males, only whilst under the age 
of puberty, but females may be above the age of puberty, for the 
ancients wished that women, even of full age, should, on account 
of their weakness of intellect, be kept in guardianship. G. i., §144. 
According to Justinian, daughters as well as sons have tutors 
appointed to them only under the age of puberty. J. i., xm, §3. 
Between puberty and 25 curators are appointed for both males 
and females, for "they are still of an age which makes them 
unfit to look after their own affairs." J. /., xxiii. For cutting 
or pasturing off crops at night, death; but if the offender be 
under the age of puberty scourging by order of the magistrate 
and liability for double the amount of damage. Table VIII. 
Similarly for theft, ib. In theft a person under the age of 
puberty can only be liable if he is approaching the age of 
puberty, and, consequently understands that he is doing wrong. 
7- iv-, i, §18. 

Marriage is lawful when the male has reached the age of 
puberty and the female the age when she is fit to be married (12). 

French: 

338. A minor is an individual of either sex who has not 
yet reached full age of 21. 476. A minor is emancipated by 
right of his marriage. 477. A minor even unmarried can be 
emancipated by his father, or, in default of his father, by his 
mother when he has reached the full age of 15. 

144. A male under 18 and a female under 15 cannot contract 
marriage. 145. Nevertheless the King (the President of the 
Republic) may grant dispensations on account of age for serious 
causes. 
People of United States: 

Statute 43 Eliz. and statutes based upon it alone govern in 
regard to parental maintenance. § 237. Endangering a child's 
life from want of food or medical treatment an indictable 
offence. § 244 N. 6. 

Age at majority, 21; for females, in some States, 18. §391. 
The prevailing policy is to exclude the testamentary capacity of 
all infants. § 397. 



The Duration of Parental Care 43 

A child under 7 is legally incapable of crime, one between 7 
and 14 only prwia facie so, and one over 14 prima facie capable 
like any other person. § 395. 

Marriage may be contracted at 7 and may be affirmed or 
avoided at the age of consent, from 14 to 21 for males, from 12 
to 18 for females. § 20 N. 1. 

A father is not only absolved from liability for sheltering his 
daughter who has fled from a drunken and profligate husband, 
but he is even encouraged to do so. §41. 



LECTURE III 



SOCIAL FACTORS IN BIRTH AND CHILD DEATH RATES 



Artificial and direct 
checks upon human 
fertility 



Their time relations 
to one another 



Psychological 
distinctions 



Causes of 
infanticide 



THROUGH infanticide, artificial abortion or foeti- 
cide, and the prevention of conception natural fer- 
tility is artificially and directly checked. These checks 
exist synchronously in a society in the same or, more 
commonly, in different culture classes, or one may, in 
course of development in general in the society, be 
substituted for another. There are less forethought 
and parental sympathy in infanticide than in foeticide 
and in foeticide than in the prevention of conception. 
In all cases of comparison, however, the particular 
motives and methods of the general practice must be 
considered. The prevention or attempted prevention 
of conception, through magic or mechanical means, to 
avoid the burden of an additional child corresponds, 
for example, to quite a different cultural stage than 
prevention through self-restraint for the sake of caring 
more adequately for existing offspring and of becom- 
ing more fit for child-bearing at a later period. Nat- 
ural or non-social conditions making for a high infant 
death-rate are also to be noted in this connection as 
precluding ideas of the necessity for infanticide. 

Among the chief causes of infanticide are the 
inability of the mother, either through death or the 
existence of an older child, to suckle or carry the new- 
comer, the death of the father, or desertion by him of 
his family, poverty in general, maternal indolence, the 

44 



Social Factors in Birth & Child Death Rates 45 

rule of sexual abstinence during lactation, fear of the 
unusual, prejudice against illegitimacy. 

Infanticide of the surviving infant of a mother dy- Death of mother 
inor i n child-birth or while the child is at the breast is 
a common practice. In this case it is sometimes be- 
lieved that the spirit of the mother demands the 
company of her child. Where infants are absolutely Newcomer inter, 
dependent upon their mothers' milk and where the l^^;" 6 ^ 
period of lactation is long, it frequently happens that 
a child is born before an older child is or can be 
weaned. If the mother can not nourish both, the 
younger is killed. Akin to this motive is the killing 
of a younger child in the belief that his vitality will 
pass into the body of an older and ailing child. Lack Killing of one of 
of adequate nourishment is probably one of the reasons 
at times for the widespread practice of killing one of 
twins. Where amon? migratory peoples the wife and infanticide due to 

i • 1 i • r • r i i ill-. migratory nature 

mother is the chief carrier of the household, it is ofgroup 
plain that she can not carry two children in addition 
to household goods. And here again is a motive for 
doing away with the younger burden. The death Death of » or deser - 
of the father, or desertion by him of his family, is 
also a motive for infanticide by the mother. Where 
child-labour is useful among- herders and tillers of the 
soil, for example, or in industrial groups where child- 
labour is unrestricted, or in the case of daughters where 
marriage by purchase is customary, children are de- 
sirable as a form of present or future wealth. Under Lack of economic 

* returns from 

other circumstances they may burden their parents offspring 
without bringing them any economic return. Infanti- 
cide is an expression of the irksomeness of this condi- 
tion. The unwillingness of mothers to nurse their Maternal indolence 
children we have already referred to. This attitude, 



46 The Family 

whether it be due to mere indolence (in which case 

it is coupled to unwillingness to care for the child 

, , after it is weaned as well), or to the fact that the 

Jealousy /' 

lactation period is usually the time when, under poly- 
gyny, the plural wife is taken, 1 also leads to infanticide 
where the mother is the sole provider for the infant. 
Undeveloped persons and groups are, as a rule, 
extremely into lerant of individual variations. 2 This 

Intolerance of the m . . . -- 

unusual attitude expresses itself in the superstitions usually at- 

taching to the unusual or unexpected ; the abnormal is 
accounted good- or bad-luck-bringing, more frequently 
bad-luck-bringing. Irregularities in the birth or 
growth of children, such as premature birth, multiple 
births, 2 abnormal delivery, irregularity in the order of 
dentition, bodily defects or disease (here economic mo- 
tives may attach, too), etc., are all ill omens to be averted 
only by the killing of the offspring characterised by 

Arbitrary notions of such irregularities. Purely arbitrary notions of bad 

bad " luck luck attaching, for example, to certain times of birth 

or to certain positions in the order of births in a family 

illegitimacy] a l so l ea d to infanticide. The offspring of condemned 

or forbidden forms of sexual intercourse are frequently 
killed, either as a means of concealing the offence and 
so avoiding disgrace or punishment, or because their 
death is directly required by the group. The killing 

infanticide of twins Q f twins i s sometimes due to the idea that they are the 
outcome of adultery. It is sometimes customary to 

of the first kill the first child or children that are born before the 

offspring mother has reached a stated age or has been married 

a stated time. This practice is sometimes due to the 

1 Cp. p. 104. 

2 Even when infanticide is not practised in the case of twins, their treatment 
is, as a rule, somewhat different from that of other children, their coming being 
considered either unfortunate or auspicious. 



Social Factors in Birth & Child Death Rates 47 

belief that the children of very young mothers are 

weakly. On the other hand, all children born after of subsequent 

the birth of a second, third, etc., child may be killed. 

Female infanticide is sometimes the only practice Female infanticide 
of infanticide in vogue. This may occur when the causes 
potential economic value of females is much less 
than that of males. Where marriage by capture is 
common, the possession of girls may also be a source 
of group weakness, inducing attacks by other groups. 

Burial alive, a blow, suffocation, drowning, are Methods of infantu 
some of the methods of child-killing. Exposure is an 
interesting modification of infanticide proper, as it 
indicates an increase of parental sympathy. 1 The 
foundling asylum is an index of the prevalence of 
what approximates to this practice in modern civil- 
isation. 

Almost all of the causes of infanticide may be causes of feticide 
operative in the practice of foeticide. Indolence, 
personal vanity and fear of disgrace in case of ille- 
gitimacy are, however, more prominent motives in 
the latter than in the former practice. Foeticide may special motives 
also be practised because of sexual abstinence re- 
strictions during pregnancy, or as a means of spiting 
a disliked husband. Its practice as a means of sav- 
ing the life of women unable to live through preg- 
nancy is due to modern surgery and to the belief that 
it is more important to save the life of the mother 
than of the infant. 

The practice of infanticide or of foeticide may be . R '* tf J. ct f? M u p° d 

1 J infanticide and 

optional with the mother, or the consent of the father feticide 

1 That is, in the attitude of the group in general, not necessarily in individual 
cases. The same distinction should be borne in mind in the comparison we 
have already made of the psychical characteristics presupposed by infanticide, 
foeticide and prevention of conception. (See p. 44) 



4 8 



The Family 



Assimilated to 
murder 



Condemnation of 
foeticide later than 
that of infanticide 



Facts indicative of 
desirability of off- 
spring 



or other members of the kinsfolk group may be re- 
quired. The father or, in the case of illegitimacy, the 
kinsfolk may also insist upon the deed. Infanticide 
comes very gradually, and long after the notion of 
the sanctity of human life in general has been estab- 
lished, to be assimilated to murder and to be punished 
by fine, imprisonment, or death. In this connection 
it should be noted that, even in communities where the 
practice is otherwise unrestricted, it is almost always 
customary to kill the infant during the first few minutes 
or hours of life. In some cases, unless it is killed within 
a specified time or before it is named or lifted up, t. e., 
recognised by the father, it must be allowed to live. 
Beliefs and practices connected with unlucky children 
may in some cases be modifications or survivals of an 
original practice of infanticide. The recognition of 
fceticide as, in all cases except as a necessity for sav- 
ing the mother's life, 1 an unjustifiable and punishable 
act is naturally a still later view. The belief that the 
foetus is not alive until a certain period of pregnancy 
is reached frequently prevents the practice of abor- 
tion prior to this period from being condemned. 

It is important to note, in connection with a study 
of the practices we have been considering, as well as 
with a general study of parenthood and of marriage, 2 
all facts indicative of the degree of desirability of off- 
spring. It is enough at present to mention these facts. 
We shall discuss them in other connections later. 
These facts are : (i) cost of bringing up offspring ; (2) 
the existence of economic returns to parents through 
child-labour, or the labour of adult sons or daughters, 



1 According to the Catholic Church even this is not a justifying circumstance. 

2 See p. 229. 



Social Factors in Birth & Child Death Rates 49 

or through daughter sale in marriage or prostitution; 
(3) the sale or pawning of offspring ; (4) the practice 
of fertility charms or rites (often only for the birth 
of male offspring) ; (5) suspension of legal marriage 
until birth of offspring ; (6)divorce for barrenness ; (7) 
lineal inheritance of rank, property, and religion ; (8) 
practices of adoption; (9) celebrations at birth, or nam- 
ing ceremonial of child. (There is frequently a marked 
difference in such celebrations according to the sex of 
the child. This difference usually suggests the fact 
that daughters are less desirable than sons.) (10) 
The existence of state rewards or privileges for mar- 
ried persons or for prolific parents, or of state penal- 
ties or disqualifications for celibates (indicating that 
offspring are not desired by potential parents, but 
that their value to the group is recognised). Moral 
or religious exhortations on early marriage or unre- 
restricted reproduction are also to be considered here. 
When we have approximately learned from a study 
of these practices [and conditions the degree of de- 
sirability of offspring, we may estimate to a certain 
extent the tendency to purposively check natural 
fertility. Such knowledge is particularly useful in a conditions under 
study of the habitual prevention of conception. If 'gZZ^S*'* 
the tendency is marked and if infanticide and fceti- conce P tion occurs 
cide are strongly condemned in the community, we 
may expect to find, given an adequate development 
of physiological knowledge, forethought, and self- 
restraint, the prevention of conception in general prac- 
tice. A realisation of the benefits resulting to the Advantages con- 
mother, to existing and to future offspring, from the ££$[ ternary 
lapse of from two to four years between conceptions, P revention ° f 

1 . conception 

may also be the cause of temporarily preventing 



50 



The Family 



Additional direct 

social checks 

on births per 

family 

Sexual restraint 

during lactation 



Prolonged lac- 
tation 



Economic hard- 
ship 



Indirect social 
checks on birth- 
rate 



Economic crises 



conception. In infanticide and foeticide these benefits 
were only partially gained, if gained at all. Fre- 
quently, as we have seen, existing offspring are pro- 
tected through infanticide and foeticide, but the 
mother and through the mother future offspring are 
in most cases injured. (Infanticide, in so far as it 
may relieve the mother of the strain of suckling two 
children at the same time, is of benefit to her.) 
Accurate information on this subject in general is 
unfortunately not at present obtainable. 

There are additional direct, although non-pur- 
posive, checks on the number of births per family 
which we should note. The custom of requiring 
sexual restraint during the period of lactation is a 
check upon the birth-rate. It is also probable, 
although the evidence on this point is somewhat con- 
flicting, that where no such restriction exists nursing 
mothers are less apt to conceive during the lactation 
period and that prolonged periods of lactation per- 
manently decrease the power to conceive. Economic 
hardship is an important factor in this connection. 
Women upon whom heavy home or field labours fall 
are less fertile than those living under easier economic 
conditions. 

Here we may also briefly note certain social factors 
indirectly affecting the general birth-rate 1 by post- 
poning the age of marriage or limiting the number of 
potential parents. 

The occurrence of unusual economic distress is a 



1 Hitherto we have been considering only data useful in estimating the 
number of births and child-deaths per family or married woman. In statisti- 
cal terminology this is called a refined birth-rate. The facts we are now to note 
are useful in an analysis of the proportion of births to the total population or 
in a consideration of the crude birth-rate. 



Social Factors in Birth & Child Death Rates 5 l 

factor in postponing marriage. The statistics of 
marriage during and after so-called economic crises 
are plain on this point. Postponement of the age of Late marriage 
marriage is, perhaps, in curtailing the child-bearing 
period and in confining child-bearing to the latter 
and more unfruitful part of the period, the most 
important indirect check upon the birth-rate in civil 
isation. The fact should also be noted, however, very early 

, , . , , . marriage 

that very early marriage (or sexual intercourse 
during immaturity) is probably unfavourable to a 
numerous progeny. Advancing standards of living, Rise in standards 
as well as periods of hard times, tend to postpone the 
age of marriage. We should note, however, that 
the first factor has a comparatively permanent and the 
second, as a rule, a transitory effect. By the so- 
called law of compensation the birth-rate rises after a 
period of economic depression. Another form of 
compensation interesting in this connection, but physi- 
ological, so to speak, rather than social, is the tend- 
ency for the death of a child, particularly an infant, 
to bring about the birth of another. We have no 
exact information here, however. Other indirect other checks 
social checks upon the birth-rate are unhygienic 
practices or ways of living during sexual crises, pros- 
titution, religious celibacy, standing armies, depopula- 
ting wars and epidemics, lack of numerical proportion 
between the sexes due to economic conditions, 
the cost of obtaining or maintaining a wife, the 
growth in general of desires for economic independ- 
ence or for luxury and idleness (factors in celibacy, 
late marriage, or voluntary childlessness), etc. 



52 The Family 

NOTE A 

Infanticide. 

McLennan, Studies in Ancient History, Sec. Ser., London 
and New York, 1896, chap. vii. 
Ploss, Das Kind, etc., ii., 243-264. 
Treatment of Twins. 
lb., ii., 265-275. 
Infant Mortality in Civilisation. 

Newsholme, The Elements of Vital Statistics, London and 
New York, 1899, chap. xiv. 
Illegitimacy a Factor in Infant Mortality. 

Report of the Inter-departmental Committee on Physical 
Deterioration, London, 1904, pp. 133-4. 
Child Mortality Caused by Maternal Neglect. 

Jevons, Married Women in Factories in Methods of So- 
cial Reform, London 1883. 
Foeticide. 

Ploss and B artels, Das Weib in der Natur- und Volker- 
kunde, Leipzig, 1902, i., 842-852, 863-867. 
Unlucky and Lucky Children. 

Rose, Unlucky and Lucky Children and Some Birth Super- 
stitions in Folklore, xiii., 278 ff. 
Evidence of Desirability of Offspring. 

Friedrichs, Einzeluntersuchungen zur vergleichende Rechts- 
wissenschaft : Familienstufenund Eheformen in Zt.f. Verglei- 
chende Rechtswissenschaft, x., 219-253. 

Analysis of Birth-Rates. 

Mayo-Smith, Statistics a?id Sociology, London and New 
York, 1895, pp. 63-75. 

Newsholme, The Elements of Vital Statistics, chap. ix. 

Social Checks upon Population. 

lb., chapters vii.-viii. 

Ogle : On Marriage- Rates and Marriage-Ages, with Special 
Reference to the Growth of Population, in Jour?i. of the Royal 
Statistical Society, liii. (1890), 253-280. 

Levasseur, La population f ran false, Paris, 1889-92, ii., 
chaps, vii.-x. 



Social Factors in Birth & Child Death Rates 53 

Malthus, An Essay on the Principle of Population, Bk. 
IV., chaps, i. and ii. ( on postponement of age of marriage). 

NOTE B 

The Causes of "Race Suicide" among Native-born in 
the United States. 

Defects of higher education. Hall and Smith Marriage 
and Fecundity of College Men a?id Women in The Peda- 
gogical Seminary, x. (1903), 275-314. 

Not higher education among men. Engelmann, Education 
not the Cause of Race Decline in Popular Science Monthly, 
lxiii. (1903), 172-184. 

Desire of native-born population to maintain its social 

standards in face of competition by immigrants. Bushee, The 

Declining Birth Rate Popular in Science Monthly, lxiii. 

(1903), 355-361. 

For the controversy on the relation of female infanticide to 

exogamy see 

NOTE C 

Make a comparative study ( 1) of the treatment of twins, 
(2) of the infanticide of illegitimate offspring, (3) of the agent in 
infanticide, father, mother, kinsman, etc., (4) of the person or 
persons whose consent the agent must obtain. When is and when 
is not female infanticide a survival of general infanticide ? Are 
infanticide and foeticide found among groups where there is a 
high infant death-rate due to natural causes ? Compile all the 
obtainable reports of existing foundling asylums in Europe and 
the United States. Study beliefs and practices in connection 
with unlucky children. 

NOTE D 
Veddahs: 

Women are fruitful, but great majority of children die of fever. 
In one case, 19 families had only 13 children, 10 couples had 
none at all. p. 469. Infanticide not practised, p. 469. 
Yahgan: 

A woman bears rarely more than 6 children because of lapse 
of time between births, vii., 172. Women bear on average 4 



54 The Family 

children, vii., 189. It is rare for all her children to live; 
most of them die young, vii., 172-173. Infanticide not custom- 
ary, x., 331. If a mother dies, a suckling will soon find a 
devoted foster-mother, vii., 171. Infants very rarely killed ex- 
cept under special circumstances, i. e. } when mother has been 
deserted by husband, she often kills her child, vii., 169 Off- 
spring called upon to aid old parents. Generally, after a father 
has passed beyond working age, his son makes him a dug-out 
every season. If a widower, entirely supported by eldest son. 
vii., 176. If a child is deformed, or characterised by great 
physical imperfection, killed very soon after birth, vii., p. 169. 
If a mother has only daughters, the last arrival is sometimes 
killed, vii., 169. 

Central Australians: 

Number of children rarely exceeds 4 or perhaps 5 in a family, 
and as a general rule, is less still, perhaps 2 or 3. p. 264. Infanti- 
cide undoubtedly practised, but except on rare occasions child 
killed immediately on birth, and then only when mother is, or 
thinks she is, unable to rear it owing to there being a young 
child whom she is still feeding, p. 51. Twins are of extremely 
rare occurrence; usually immediately killed as something un- 
natural, p. 52. 

Believed that spirit part of child at birth goes back at once to 
particular spot from whence it came and can be born again at 
some subsequent time even of same woman, pp. 51-52. On one 
side of the Erathipa stone a round hole through which spirit 
children supposed to be on the lookout for women who may 
chance to pass near and firmly believed that visiting stone will 
result in conception. If a young woman has to pass near stone 
and does not wish to have a child, she will carefully disguise 
her youth, distorting her face and walking with aid of a stick. 
She will bend herself double like a very old woman the tones 
of whose voice she imitates saying ' 'Don't come to me, I am an 
old woman." p. 337. Spirit children supposed to be especially 
fond of travelling in whirlwinds, and on seeing one of these ap- 
proaching a woman will at once run away. p. 125 n. 1. If a man 
and his wife both wish for a child, the man ties his hair girdle 
around Erathipa stone, rubs it and mutters, "The woman my wife 
you (think) not good, look." p. 338. A malicious man may 



Social Factors in Birth & Child Death Rates 55 

cause women and even children at a distance to become preg- 
nant by going to the Erathipa stone, rubbing it and muttering, 
" Plenty of young women, you look and go quickly." p. 338. 

Possibly sterility in many cases associated with injury received 
during initiation rite of Arilt hakuma. p. 52 n. 1. 
Point Barrow Eskimo: 

Families rarely have more than 2 or 3 children, and it is not 
uncommon for them to have none. p. 29. The women are not pro- 
lific; although all adults are or have been married, many of them 
are childless, and few have more than 2 children, p. 38. No case 
of infanticide heard of. Children very scarce and seemed 
highly prized, yet state that a child is destroyed when diseased 
or in scarce seasons when one or both parents die. pp. 145-47. 

Stated that women do not commonly bear children before 20, 
and no mothers seen who appeared younger than this. p. 39. 
Unlimited intercourse between white sailors and Eskimo women. 
This prostitution may have something to do with want of 
fertility, p. 54. 
Behring Strait Eskimo: 

Formerly a common custom to kill female children at birth if 
they were not wanted, and girls were often killed when from 4 
to six years old. p. 289. Girls looked upon as a burden be- 
cause incapable of contributing to food supply of family, p. 289, 
If a man had a daughter not more than 5 or 6 years old who 
cried much, or if he disliked her for any reason, or was unable to 
obtain food for the family, he would expose her. p.290. In one 
village where there had been a famine, the bodies of over 200 
adults were found, but no children, p. 270. 

Infants when killed taken out naked to graveyard and there 
exposed to cold, their mouths filled with snow. p. 289. 

People fear to die unless they have some one to make offerings 
to their memory, and childless persons generally adopt a child, as 
people who have no one to make offerings for them are supposed 
to suffer great destitution in the other world. Regarded as 
severest punishment possible to have these rites neglected. 
When a person has been very much disliked, his shade is some- 
times purposely ignored, p. 364. 
Central Eskimo: 

Infanticide has been practised to a certain extent, but probably 



56 The Family 

only in cases of females or children of widows or widowers on 
account of difficulty of providing for them. p. 580. 
Melanesians: 

Infanticide very common. More prevalent in some islands 
than in others. Old women generally determine whether a new- 
born infant shall live ; if not promising in appearence or likely to 
be troublesome, suffocated. Banks' Isls. : If of wrong sex (male 
children killed rather than female) or otherwise unwelcome, infant 
choked at birth, p. 229. Ghost of a woman dying in childbirth 
cannot go to Panoi, paradise, if her child live, for she cannot 
leave it. They therefore deceive her ghost by laying in her 
bosom a piece of banana trunk done up in leaves for the child, 
p. 275. [Perhaps a survival of a former practice of infanticide 
at death of mother.] 
Ewe-Speaking Peoples: 

The god Legba is sacrificed to, to remove barrenness, p. 44. A 
woman bearing twins is now honoured. Stated that formerly in 
Whydah such a birth was a scandal as it was thought indicative 
of adultery, p. 52. According to local report a child born with 
teeth about 1883 was thrown into sea by order of king becaus-e 
Buko-no (divines) declared it was animated by soul of preced- 
ing monarch, p. 116. 

In Dahomi, by state policy, the Amazons (a military body of 
about 3000 women) are considered the king's wives. They are 
sworn to celibacy, and secret death is the punishment of broken 
vows. pp. 184, 187. 
Tshi-Speaking Peoples. 

Considered very disgraceful, also a great misfortune, for a 
woman not to bear children', p. 94. In parts of Ahanta, if a 
women has borne 10 children she is obliged to separate from her 
husband for one year. pp. 284-285. Sacrifices made to the family 
god to prevent sterility, pp. 92-93. If a mother die in child- 
birth it is customary to bury living child with her, idea seeming 
to be that child belonging to the mother should accompany her 
after death. This custom no longer exists in the colony but is still 
in force in independent tribes. Until very recently, customary 
in parts of Ahanta for the tenth child of same mother to be 
buried alive. (Perhaps a survival of a custom of an older peo- 
ple.) p. 234. 



Social Factors in Birth & Child Death Rates 57 

Yoruba-Speaking Peoples. 

Considered a disgrace not to bear children. Offerings made 
to the god of fecundity, Ita, before marriage, p. 56. Said to be 
usual in Ondo to destroy one of twins. If true, probably a cus- 
tom borrowed from Benin tribes to the east, as it is contrary to 
native practice, p. 81. 

Thompson River Indians: 

In Spence's Bridge band from 1884-94 a very high death-rate, 
the principal cause of the band's decrease being the great mor- 
tality among children, p. 157. Newly born babes were sometimes, 
but very rarely, killed by strangling or drowning, but women who 
did so were thought very severely of and publicly reprimanded, 
p. 305. Sometimes, when a mother died, leaving an infant 
child, it was wrapped up in a robe and buried alive with mother. 
Done because, they said, the child would die anyway, and it was 
often hard to obtain any other woman to suckle it. p. 329. A 
woman about to be delivered of twins was generally made aware 
of fact beforehand by repeated appearance of a grizzly bear in 
her dreams ; therefore twins regarded as different from other 
children, and treated accordingly. Called " grizzly-bear child- 
ren " or "hairy-feet" children, p. 310. 

Abortion rarely practised; effected by drinking of medicine, p. 

3°5- 

After-birth taken away and hung up on branch of a tree that 
no dog or child might touch it. If touched by either, woman 
would have no more children, p. 304. Barren women desirous 
of having children ate a roasted mouse of a certain species, pp. 
308-309. A young child always buried some distance away from 
old graves, otherwise its mother would have no more children, p. 
330. Buck's penis sometimes eaten by women that they might 
bear male children, p. 309. 

A period of conjugal separation, formerly lasting 3 or 4 months, 
at present six weeks, follows child-birth, p. 305. 

Kabyles: 

Illegitimate children killed, ii., 187. If a mother killed her 
child against wish of husband, his family exacts the rek'ba, blood 
penalty, of her family. Her kharouba may escape all respon- 
sibility by giving her over to her husband's vengeance or by 



5 8 The Family 

killing her themselves. If infanticide has been committed with 
husband's consent, a fine only is imposed by village council. 

Foeticide classed with infanticide, iii., 64. Seubka. If a wife 
causes an abortion under her husband's roof, she is killed; if in 
the house of her relatives, they are responsible, and subject to 
the debt of blood if the child is a boy, and to payment of com- 
position money if a girl, iii., 439. 

Ancient Arabs: 

And slay not your children for fear of poverty; . . .beware! for 
to slay them is ever a great sin. xvii., 32. When any one of 
them has tidings of a female child, his face is overclouded and 
black, and he has to keep back his wrath. He skulks away 
from the people, for the evil tidings he has heard ; — is he to keep 
it with its disgrace, or to bury it in the dust ? — aye ! evil is it that 
they judge! xvi., 60-61. Losers are they who kill their children 
foolishly, without knowledge, and who prohibit what God has 
bestowed upon them, forging a lie against God; they have erred 
and are not guided, vi., 141. 

Ancient Hebrews: 

God said unto them, Be fruitful, and multiply, and replenish 
the earth, . . . Gen. i., 28 and passim. 

Ancient Hindus: 

Libations of water shall not be offered to women who have 
caused an abortion, v., 89-90. 

By procreation of sons the human body is made fit for 
union with Brahman, ii., 28. A twice-born man who seeks final 
liberation without having begotten sons sinks downwards, vi., 
36-37. He only is a perfect man who consists of three persons 
united, his wife, himself, and his offspring, ix., 45. Through a 
son he conquers the worlds, through a son's son he obtains 
immortality, but through his son's grandson he gains the world of 
the sun. ix., 137. The sacrificer'syfr-j/ wife may eat the middle- 
most cake at the sacrifice to the manes — if desirous of bearing a 
son. iii., 262. 

There is no sin in carnal intercourse, but abstention brings 
great rewards, v., 56. Many thousands of Brahmanas who 
were chaste from their youth have gone to heaven without con- 
tinuing their race, v., 159. 



Social Factors in Birth & Child Death Rates 59 

Ancient Romans: 

Malformed infants may be immediately destroyed by the 
father in the presence of 5 neighbours. Table IV. 

Free-born women are released from tutorship on the ground 
of having 3 children; freedwomen, on the ground of having 4 
children. G i., §194. Under the Twelve Tables there was no right 
of reciprocal succession between a mother and her son or daugh- 
ter. By the Tertullian decree of the Senate, a free-born mother 
with 3 children or a freedwoman with 4 was admitted to take 
property of deceased intestate children. Justinian abolished 
the proviso in respect to child-bearing, for " how has she sinned 
in not having many, but a few, children ? " J. iii., ##., §§1-4. 



LECTURE IV 

PARENTAL POWER 

DARE NT AL mastery, ownership, or control is the 

* usual accompaniment of filial dependence. In 

parental ownership m any communities, the parents or parent (commonly 

or control t h e father) have unrestricted possession of offspring. 

The child is their chattel to kill at birth or in later life, 

devour, sell or pawn, give away, make work, offer up 

in blood sacrifice or in lifelong dedication to deity, 

abuse, etc., at pleasure. In other communities, on the 

other hand, this parental absolutism is limited in many 

ways. 1 

Restrictions of par- We have already seen how the practices of infanti- 

ental power 

cide and foeticide may be restricted or wholly con- 
? D a x° w I r over life demned, or prohibited. The right to kill, sell, or 
pawn offspring may be allowed only under circumstan- 
ces of filial misbehaviour, or of poverty or indebtedness 
on selling or pawn- on the part of the parent. Repeated sale of offspring 
may entitle the latter to freedom from parental con- 
trol. Let us note at this point that, although the 
obligation to pay the debts or fines of parents, or to 

1 Here as elsewhere in the study of the family we must consider our subject in 
relation to the other conditions that prevail in a given group. In groups 
where economic or juridical ideas or practices are undeveloped, paternal masters 
will be very different from the paternal ownership of more advanced groups. 
Let us not fall into the error of Sir Henry Sumner Maine in believing that 
the patria potestas of the Romans " is necessarily our type of the primeval 
paternal authority." — Ancient Law, 1870, p. 138. 

60 



and death 



ing 



Parental Power 61 

support them when invalid or aged, 1 or the liability to 

be enslaved by their creditors or to be punished for 

their misdeeds, may follow in part from the idea of 

parental ownership, yet such obligations and liabili- Mutual liability for 

ties may also be part of the general solidarity of paSylSSto?" 

kinship characteristic of ethnic society. Similar general kinship 

± J solidarity 

motives or combinations of motives enter into the 
responsibility which frequently falls upon parents 
also for the fines, debts, etc., of offspring. This may 
be also a corollary of parental ownership merely, 
offspring who do not control their own product not 
having the means to be personally liable in such cases. 

Under well developed ethnic organisation guar- Ethnicorganisation 
dianship (protection and control) of offspring may be and & uardianshi P 
shared with the parent by a circle of kinsfolk, or it may 
be with the parent as the head of the kinsfolk group 
or it may be wholly in the hands of the kinsfolk, or 
head of the kinsfolk. A fuller consideration of these 
facts we shall postpone to the discussion of types of 
compound family. 

Frequently, as we have already seen in the case of Paren tai ownership 
infanticide and as we shall soon see in customs of dis- restricted in case of 
posal in marriage, parental ownership is much more 
restricted in the case of sons than of daughters. The 
right to kill later in life or to sell may, for example, 
apply only to daughters. 

The consideration of parental control as an educa- 
tional method, in distinction to parental control as 
the direct outcome of parental ownership, we shall 

1 The obligation to support a widowed mother or unmarried sister may, in 
groups where the chattel character of women is pronounced, be merely a 
corollary of the inheritance by the son of his deceased father's proprietary con- 
trol over the women of the family. 



sons 



62 



The Family 



Sexual hospitality 



Prostitution by 
parent 

Marriage by barter, 
service, purchase 



Pull discussion 
postponed 



Infant and child- 
betrothal 



Bride-price or 
gifts at betrothal' 



Betrothal visits or 
adoption of be- 
trothed by family 
of future wife or 
husband 



consider in the following lecture. At present we 
shall consider one of the most persistent expressions 
of parental ownership, the claim of parents to dispose 
of offspring in marriage. 

Daughters (as well as wives, sisters, etc.) are some- 
times given temporarily to guests for sexual inter- 
course as an act of hospitality. They are sometimes 
hired out or prostituted. Commonly, however, wher- 
ever the idea of parental or kinsfolk ownership more 
or less prevails, daughters are married off in exchange 
for another woman, for a wife for the father himself 
or for his son, or for specified service by the son- 
in-law, or for a given amount of goods — a bride-price. 

We shall consider the meaning and effects in 
general of marriage by barter, service and purchase 
when we discuss the subject of marriage. At present 
we shall note merely the various expressions of and 
restrictions upon parental power that occur in this 
connection. 

Infant- and child-betrothal is a widespread practice. 
Contracts may be made between parents even before 
the birth of offspring. Part or all of the bride-price 
may be paid at betrothal, or there may be merely a 
making of presents which are quite distinct from the 
bride-price proper. The engagement may or may 
not be thought of as binding. Failure to carry it out 
usually involves the return or forfeiture of gifts or 
bride-price. In some cases the betrothed child goes 
to live temporarily or permanently with the family of 
the future wife or husband. In the latter case the 
betrothal may be thought of practically as a marriage, 
there being no additional ceremonial when the be- 
trothed children become marriageable. Betrothal 



Parental Power 63 

gifts may be even thought of as indemnification to 
the girl's parents for supporting her until nubility. 
In general the practice of infant- or child-betrothal 
indicates that the father or guardian controls the riagJofsonT" 
marriage of sons as well as of daughters. A 
female child is not uncommonly betrothed to an adult 
male, 1 but even in this case the father or guardian of 
the future husband, if the latter is youthful, may plan 
the match. It is interesting to note in this connection 
however, that in the case of sons this form of parental 
control is usually thought of from the beginning as 
a parental obligation to provide a wife for the son. obSgltion 
The right of selling a daughter in marriage is also at 
times accompanied by or substituted for the obliga- 
tion of providing a husband for her. It may be con- 
sidered discreditable, for example, to keep a daughter 
unmarried after she has reached a certain age, or ad- 
vertisement of the marriageability of a daughter may 
be incumbent on her parents. The bride-price that 
has been received for a daughter may even be used 
to pay for a son's wife. 

In spite of established custom or law, elopements Elopement 
occur in almost all societies. The treatment accorded 
the eloping couple if caught, or when voluntarily 
returning home, and the position given to their off- 
spring, indicate the strength of the customary par- 
ental right of disposal in marriage. As we shall 
see later, 2 customary elopement or marriage by cap- 
ture may combine with marriage by purchase, the 

1 The case of the nominal marriage of an adult female to a male child, the 
boy's father being the real husband, is merely one of the vagaries of marriage 
in its legal sense. See p. 139. 
* Lecture IX. 



64 



The Family 



Restrictions upon 
choice of husband 
by parents 



Free choice by 

widows and 
divorced women 



guardian being regularly compensated after the 
abduction. 

Besides the individualistic protests of an elope- 
ment, there are various socially recognised restrictions 
upon the parents' exclusive right of choosing mates 
for sons and daughters. Here we shall only con- 
sider the extent of the girl's say in the matter. Simi- 
lar but greater privileges exist in the case of sons. 
Moreover, in a great many cases where daughters 
have little or no sexual choice, sons are left un- 
hampered. (Ethnographers are apt to be very 
remiss in failing to state these distinctions according 
to sex in their accounts of restrictions upon sexual 
choice.) (i) While a girl may not be allowed to 
choose her husband, she may not be compelled to 
marry against her will. If betrothed during child- 
hood, for example, she may, when marriageable, 
refuse to carry out the contract. (2) It may be 
customary for her parents to consult her in regard to 
their choice of a husband. (3) She may choose her 
husband herself, but parental consent is necessary to 
the validity of the marriage. (4) Parental consent 
is necessary only when she is under a certain age. 

Widows or divorced women are frequently depend- 
ent upon parents, yet they have, as a rule, more 
choice in their second than in their first marriage. 
The many restrictions of another character upon the 
remarriage of widows and divorced women we shall 
consider later. 1 

The history of the bride-price and of its passing 
into forms of dower or dowery has important bear- 
ings upon conjugal as well as upon filial relations. 

1 See pp. 140-1, 143. 



Parental Power 65 

Let us confine ourselves at present, however, to the 
latter facts. 

In marriage by purchase the character of the Nature of 
bride-price varies from all degrees of indefiniteness 
as voluntary and casual gifts which often can not 
properly be considered as a bride-price to fully pre- 
scribed amounts of property. An excess of a cus- 
tomary amount may even be punished by fine. It 
may vary according to the rank of the groom or of 
the bride's father or of both. Under circumstances of 
consanguineous marriage or of marriage with rela- 
tives by affinity, the bride-price may be lessened or 
wholly dispensed with. 1 The bride-price may be How paid 
paid as a whole or in instalments. Frequently part 
of it, as we have seen, is paid at betrothal, whether of 
infants or of adults, thereby making the betrothal 
binding. The groom may sometimes have inter- combined forms 
course or live with the bride in her father's home, or 



service 



he may take her to his home before the bride-price is 
paid in full. In either case it may be customary for of service 
the first child or first daughter or for all children 
born before the debt is paid to belong to the wife's Forms of 
family. Marriage by service frequently occurs in 
substitution, in whole or in part, for the bride-price. 
Service is also found where there is no other kind of 
compensation for the bride, the groom living with 
and serving his wife's family for a set period, or living 
independently with his wife but contributing a por- 
tion of his products to her family. The service of a 
son-in-law may continue more or less informally after 
his wife is paid up for, and special obligations of 
support or protection or respect may fall upon him. 

1 See pp. 93-4, 164, also pp. 161-2, for traits in bride affecting price. 



66 



The Family 



Return -gifts 



Dower 



Dowery 



Claim on dowery 
by bride's family 



Significance of 
dower and dowery 



The bride-price 
honourable to the 
bride 



A return-gift may be made to the groom, or the 
groom's father, or relatives, by the bride, or the bride's 
father, or relatives. Sometimes, in this case, the exact 
equivalent of the bride-price is customary, or the bride- 
price itself may be actually returned. The groom, 
his father, or family may make presents to the bride 
(dower 1 ) before or after marriage (morning-gift). 
He or they may also make presents as well to her 
family. The bride's father or family may receive 
presents and then bestow them or their equiva- 
lents upon the bride (dowery), or they may bestow 
presents upon the bride without having themselves 
been recipients. Frequently they do not relinquish 
all claims upon such marriage settlements, reserv- 
ing the right to reclaim the property at the woman's 
death or in case of her divorce or widowhood. 

The existence of all forms or traces of dower or 
dowery is of great interest as indicating, if even to a 
slight extent, modifications in the idea of parental 
(and marital) ownership. It is significant in this con- 
nection that even in communities in the cruder stages 
of parental (and marital) ownership the giving and re- 
ceiving of a bride-price is a mark of distinction due 
to the bride herself. It is a part of the marriage cere- 
monial necessary for an honourable marriage. Under 
polygny or concubinage, for example, the bride- 
price or wedding gift is sometimes paid or made only 
in the marriage of the superior or head wife. Again, 
the offspring of a woman for whom no bride-price 
has been paid may be accounted illegitimate. Of simi- 
lar interest are the not uncommon social fictions about 



1 In this sense of course much more comprehensive than in its meaning in Eng- 
lish law (the right of a widow to share in her deceased husband's real property). 



Parental Power 67 

the meaning of the bride-price. It is frequently 
alleged by a given group that it in no sense repre- 
sents an act of purchase. 

There are rare cases of what may be called, in Gro ° m -P rice * nd 

J husband purchase 

analogy to the bride-price, a groom-price. It is a com- 
pensation, and this is sometimes the explanation of 
the bride-price also, for depriving the groom's family 
of his service. Again, where the dowery is on a big 
scale and where it is practically a settlement for the 
benefit of the husband, it has been suggested that in 
this practice we have a form of husband-purchase 
analogous to wife-purchase. 

It should be noted that the right of the father to 
dispose of offspring in marriage is frequently, as in 
other matters of guardianship, a fact that we have 
already referred to, shared or even precluded by 
other kinsfolk. The mother and her relatives, 
brothers, father, etc., or the father's own kinsfolk, may 
hold the guardianship of the child and with the guar- 
dianship the right to dispose of him or her in mar- 
riage. Sometimes, again, a girl's brother has the 
right. The duty of providing the marriage gifts or 
purchase price may also fall upon these relatives. 

NOTE A. 

Subjection of Offspring. 

Wilutzky, Vorgeschichte des Rechts, Breslau, 1903, ii., 15-21 
24-27. 

Niebohr, Slavery as an Industrial System, The Hague, 1900, 
pp. 24-29. 
Rights of Guardianship. 

Post, Grundriss der etlmologischen Jurisprudenz, Olden- 
burg and Leipzig, 1894, i., 168-180 ; Studium zur Entiuick- 
lungsgeschichte des Familienrechts, Oldenburg and Leipzig, 
1889, pp. 157-171. 



68 The Family 

Ageof Girls BeginningWork inCities of the United States. 
Wright, Working Women in Large Cities, pp. 120-179 
in Fourth Annual Report of the Commissioner of Labor, 
Washington, 1889. 
Earnings of Children in York. 

Rowntree, Poverty, a Study of Town Life, pp. 59-60. 
Earnings of Children in London. 

Booth, Life and Labour, ix., 421-424, 434-435 ; x, 43. 
Marriage by Purchase, Barter, and Service. 

Post, Familienrechts,^. 173-201; Grundriss, etc., i., 286- 
3°5> WS 2 °- 
Child-betrothal. 

Lb., i., 320-327; Familienrechts,ipp. 205-215. 
Furnivall, Child-marriages, Divorces, and Ratifications, etc. 
in the Diocese of Chester 1561-66, pp. xv.-xliii., 1-55, in Publi- 
cations of Early English Text Society, London, 1897. 
The Liberty of Sexual Choice. 

Westermarck, The History of Human Marriage, London 
and New York, 1896, Chap. x. 

Transition of Bride-price into Dower and Dowery. 
Lb., Chap, xviii. 

NOTE B. 

The Genesis of Betrothal. 

The means of securing chastity before marriage. Post, 
HausgenossenschaftundGruppenehen in A us land, 1891, p. 845, 

A means of securing a son's or daughter's consent to the 
marriage choice of their parents. Likewise a means of 
securing a wife in advance for a son in view of a scarcity of 
women. Steinmetz, Ethnologische Studien zur ersten Entwic- 
kelung der Strafe, ii., 279, Leiden and Leipzig, 1894. 

Child-betrothal : Where there is marriage by barter, a 
father may not have on hand a marriageable daughter to give 
in exchange for a wife, e.g., for his son, he therefore promises 
a younger daughter as soon as she is nubile. Cunow, Bases 
e'conomiques du matriarcat in Le Devenir Social, iv. (1898), 52. 

NOTE C. 

Make a comparative study (1) of the dedication of offspring to 
deity, (2) of parental cannibalism, (3) of restrictions upon 



Parental Power 69 

parental power, (4) of distinctions in parental power according 
to sex of offspring, (5) of parental control of marriage of sons, (6) 
of the treatment accorded to marriage elopers, indicating when 
possible when the treatment points to a strengthening or weak- 
ening of parental power, (7) of the belief that the bride-price is 
a sign of respect to the bride herself, (8) of the social fictions 
about the meaning of the bride-price, showing whether or not 
they point to a decadence of the custom. Tabulate known and 
doubtful cases in ethnic organisations where there is a greater 
mutual responsibility between parents and offspring than between 
other kindred. 

NOTE D. 
Yahgan : 

Believe in a sea monster, Lucooma, and children and dogs 
have been thrown into sea, when boats were endangered, to ap- 
pease his fury, vii., 181. 

A girl is not consulted in regard to choice of husband. Her 
parents decide. H. & D. vii., 378. Woman is not, as a rule, 
consulted. Generally bought from her parents, x., 334. Little 
girls often betrothed to adult men. vii., 171. Sometimes par- 
ents agree to unions between little boys and girls, vii., 171. 
Often a girl has an insurmountable aversion for her husband. 
Then she is given to man of her choice, vii., 171-172. 
Central Australians : 

On rare occasions, at all events amongst Luritcha tribe, child- 
ren a few years old killed, object of this being to feed a weakly 
but elder child, who is supposed thereby to gain strength of 
killed one. p. 52. 

The head rings usually made and presented to woman by her 
son-in-law to whom she has to give her own hair. p. 27, n. 1. 
A man's waist belt made of human hair, usually provided by his 
mother-in-law. p. 30. If one of my Ikuntera (fathers-in-law) dies, 
it is my duty to cut my shoulders with a stone knife as a mark 
of sorrow. If I neglect to do this, then any one of the men 
who are Ikuntera to me has the right to take away my wife and 
give her to some other man to whom she is Utiawa. p. 75. 
Point Barrow Eskimo : 

No unusual sight to see a little girl of 10 or 12 carrying a well- 
grown, heavy child on her back instead of its mother, p. 416. 



70 The Family 

Older children look after younger. A boy of 6 or 7 will care 
for one of 2 or 3. p. 417. 

Marriages usually arranged by parents, sometimes when prin- 
cipals are mere children, p. 410. 

Behring Strait Eskimo : 

From the lower Yukon to the Quskokwin child-betrothals 
common. Parents of a very small girl, who have no son, may 
agree with parents of several sons that one of the boys shall 
live with them and become girl's husband, or a young boy may 
sometimes choose a family containing a girl, in which he would 
like to live. He takes with him his clothing and implements, be- 
sides a fine suit of clothes for his future bride, goes to people 
whom he has adopted, and transfers filial duty of every kind to 
adopted father to exclusion of his own parents. In such cases 
girl frequently not over 4 or 5. pp. 291-292. Sometimes a 
couple arrange for a child-betrothal to take effect when first 
girl is born. p. 292. Among Unalit, when a young man sees a 
girl he wishes to marry, he tells his parents, and one of them goes 
to girl's parents to ask their consent, p. 291. 
Central Eskimo : 

In rare cases of famine, cannibalism resorted to. Children 
particularly killed and eaten, p. 574. 

Generally children betrothed when very young, but these en- 
gagements may be broken off at any time. p. 578. Frequently 
happens that young man's parents are unwilling to allow him to 
provide for his parents-in-law, and then he may be rejected at 
any moment, p. 579. Consent of bride's parents, or, if dead, 
that of her brother, always necessary, p. 579. Bride must be 
bought from parents by some present, p. 579. As long as 
mother-in-law lives with family wives are subordinate to her. 
P- 579- 
Melanesians : 

Ulawa : A chief will buy a girl from her father and keep her 
to earn money by prostitution for him (the chief) and herself. 

P- 235- 

Florida : Part payment on betrothal of infant. Final 
payment given to women of bridal party. They lift bride up and 
carrv her on back of one of them out of her father's to her father- 



Parental Power 7 1 

in-law's house. Here she stays 2 or 3 months. Then her parents 
arrive with gifts, 5 pigs when the bride-price is 50 rongo (coils of 
native money), io, when it is 100. They say money buys the 
pigs and not the girl. Santa Cruz: Bride-price and return gifts 
by bride's relatives. Saa : Early betrothals among inferiors 
unusual. Northern New Hebrides : Only children of great 
people betrothed as infants. Banks' Isls. and Lepers' Isl.: A 
betrothed girl child is often taken to her future home to be 
brought up there. Lepers' Isl.: When betrothed girl is 10 years 
old, boy's mother takes her to her own house to teach her house- 
hold ways. pp. 237-242. A man with a son born to him looks 
out for the birth of a suitable girl to be his son's wife. p. 237. 

Girls never allowed to go out without mother or elder friend, 
p. 236. 

Ewe-Speaking Peoples : 

Terms for father mean, "hewho owns," "he who maintains." 
p. 213. Terms for mother, "shewho stays in thehouse," " she 
who cooks." p. 215. Young girls dedicated to temple service 
of the deified king Ajahnto of Porto Novo obliged to remain 
virgins. About 1880 one put to death for unchastity. pp. 89-90. 
A father may sell or pawn his children with consent of mother, 
if she be a free woman. If mother be a slave, she and her off- 
spring are equally the property of her owner, who is free to 
dispose of her children. Children born to a woman in pawn to 
a man are pawn to him as well. A free woman can sell or pawn 
her children without consent of father if he refuse to give her 
what she requires. If her husband refused to pay a fine for her 
she might sell or pawn her children to raise the money. In such 
cases it is not unusual for a mother to sell or pawn children to 
their father, and men often refuse to assist their wives in such 
cases, in order that they may thus acquire entire control of their 
children, p. 221. 

Payment of " head-money," in coin or cowries, more commonly 
in merchandise and rum, to family of girl, her family fixing 
amount, constitutes marriage, p. 199. A child or even unborn 
girl may be betrothed and this contract cannot be annulled with- 
out man's consent. Presents made by parents of male to those 
of female child. Marriage arranged without, as a rule, any refer- 
ence being made to her wishes, though she cannot be forced into a 



72 The Family 

union absolutely repugnant, pp. 199, 201. Slave-girls given 
to brides by their families, p. 205. 

Tshi-Speaking Peoples : 

In interior as formerly in colony, when a great danger threat- 
ens a town, a newly born infant is torn limb from limb as a sacri- 
fice to tutelary deity of place, p. 169. Stated that many Odonko 
slaves in Ashanti are kept exclusively for bearing children for sac- 
rifice, p. 290. If a mother has been so unfortunate as to have 
had several of her children die, not uncommon for her to 
make a vow to devote next-born to service of gods, hoping 
thereby to preserve its life. p. 120. Father can not sell or 
pawn a child without consent of both mother and her relations. 
Father's consent also necessary unless he refuses or is unable 
to give mother sum she requires. If a woman in pawn 
bears children, she cannot be redeemed without paying 4% 
ackies for each child born, as an equivalent for main- 
tenance, p. 295. After a disastrous war one of the chiefs 
sold his son for $9.00 to help defray his share in cost of war. 
p. 272. In separation, if mother is unable to make resti- 
tution of her expenses she may leave children with father in 
pawn and they are obliged to serve him until the entire sum 
with 50 per cent, interest is paid. From such causes children 
often become pawns in their father's house for life, and are 
inherited as such by his heir. p. 284. 

At puberty, usually nth or 12th year, a girl is taken to the 
waterside and washed. An offering is made on the banks of the 
stream to the local gods by her family. Then she is publicly 
advertised for marriage by being paraded through the streets 
decked out in ornaments. Soon after a suitor pays "head-money" 
to her family, also sending them liquors, tobacco, and pipes. The 
bride is led to his house, pp. 235-237. Betrothals frequently 
take place before puberty and sometimes even before birth. 
Children sometimes betrothed to each other by presentation 
of a few bottles of rum and a piece of cotton cloth to girl's 
parents, p. 282. No parents can force a daughter to marry. 
But should she refuse an eligible suitor, she can no longer claim 
protection and support from them and is ordinarily compelled 
to quit their household, p. 285. Marriage contracts are made 
by payment of from 4J ackies to 2 ounces gold, i. £., from about 



Parental Power 73 

85s. to £7 5s. to relations of girl. Among very poor no head or 
rum money may be paid or only one or two bottles of rum given the 
family. In such cases husband generally lives with wife's family, 
giving them his services, p. 281. A slave-girl is generally given 
to a bride by her family among wealthy classes, p. 288. 

Yoruba-Speaking Peoples : 

A new-born child, not more than 3 or 4 days old, sacrificed by 
priests 4 times a year to god Olori-merin. Mother's presence 
necessary, p. 84. 

Parents responsible for crimes of children, p. 177. But not for 
debts, p. 190. 

When a man desires to marry a girl, his parents visit her par- 
ents with the proposal. If accepted, suitor sends a present of 
native clothes and kola-nuts. Bride is conducted to bridegroom's 
house by a procession of women. Bride's parents never attend 
wedding feast there, pp. 153-154. Girls of better class are al- 
most always betrothed when children, frequently when mere in- 
fants, the husband in futuro being sometimes an adult, sometimes 
a boy. p. 183. Parents cannot force a girl to marry, but they 
can prevent her marrying one whom they disapprove. Should 
she misbehave with him they can shut her up and chastise her. 
If she run away with him, they usually take no further trouble, 
p. 185. Bride-price varies with rank of father and suitor. 
Regarded as a compensation to parents for loss of daughter's 
services, not in any sense purchase of a chattel, p. 182. 

Thompson River Indians : 

After puberty ceremonial, a girl had to help her mother with 
cooking, sewing, other household work, root-digging, etc. p. 317. 
The custom of giving children to friends to bring up formerly 
prevalent. If a child died, sometimes a friend of the parents 
who had many children would give them one of his a few years 
of age, to take the place of dead child, and they were expected to 
rear it until it reached age of maturity. If a married couple 
had no children and were thought highly of by the other people, 
a friend or relative who had many children gave them one of 
his that they might not be lonely. Many of these children, when 
grown up, preferred to live with foster-parents rather than with 
real parents, p. 308. 

Girls often betrothed while mere infants to men sometimes 



74 The Family 

20 years older, p. 321. Parents who refused all offers of mar- 
riage to their daughter and who watched her too closely to let any 
of her suitors get a chance to " touch " her, sometimes had morti- 
fication of finding that girl had eloped ; even if she were brought 
back by father, he could only deliver her up to the young man, as 
custom declared them already married. If a man took a girl 
away by force it was different ; but this very seldom happened, 
and even elopements rare. Young women hindered by their rela- 
tives from marrying man they desired, or made to marry some one 
they did not like have been known to commit suicide, pp. 324-325. 

One of the modes of marriage considered most honourable was 
that called "to place down"; the young man sent a relative or 
some other person with presents to girl's parents. He placed 
gifts before them. A meeting of girl's nearest kin then called. 
If all agreed in thinking young man suitable, girl was asked 
if she liked him. If she assented, which she generally did, not 
caring to go against wishes of her relatives, messenger informed 
and suitor invited to house of girl's parents, p. 322. Again, at 
a public gathering young man, or, if bashful, some man appointed 
by his parents, proclaimed before all the people that the suitor 
made an offer of marriage to a certain girl and that these were 
the presents, at the same time throwing them down, or, if ahorse, 
leading it out. If offer refused, presents returned ; if accepted, 
retained. Nominally given to parents of girl, they were never 
retained or used by them, but divided among girl's blood rela- 
tives, p. 322. 
Kabyles : 

He who strikes his father fined one real. Ait Ousammer, etc. 
Same penalty on complaint of parents to village council, iii., 379. 
Ait Fraoucen. He who strikes his father or mother or is dis- 
respectful towards them fined 10 douros. iii., 391. Cheurfa, etc. 
He who speaks improperly to his father fined \ of a real. A rebel- 
lious child who threatens to assault his father or mother fined 10 
oxen if with a gun, 4, if with a sword or axe. iii., 332. If a 
rebellious son who has left his father's house steals and is fined, 
his father will pay fine. But if son has separated his interests 
from those of his father, he will pay it himself, iii., 335. 

A minor son may not marry without his father's consent or in 
case of his death without consent of father's representatives. 



Parental Power 75 

The mother has no authority in the matter unless there is no 
male relative on the paternal side. Considered a duty for the 
man who is of age to consult his relatives about his marriage. 
A girl is hardly ever consulted. Widow and divorced wife never 
dispose of themselves, but in most tribes may twice reject suitors. 
The third time they must submit to will of those who have right 
to marry them off. This right ceases as soon as a woman reaches 
an age when marriage would be sterile. A widow is disposed of 
either by her relatives or the heirs of her husband, ii., 149-15 1. 
Ibethran. The first time a woman marries she is sold by her 
relatives; the second time, she may dispose of herself, iii., 434. 
Id general ihtthdmamth is not regulated in amount by law. ii., 1 53. 
Cheurfa etc. He who gives his daughter,sister,or any other woman 
at his disposal in marriage may not receive more than 30 reals 
for thdmamth, more than 4 sda of cheese, 4 measures of oil and 
5 reals, on the day when the fathd is tied. If he receive more, 
he as well as the bridegroom will be fined 100 reals, and latter 
will die without male children. He who marries a woman, who 
has reached age when she should be consulted, without 
consulting her, is fined 5 reals, iii., 328. Ait Iraten. In 1785 an 
action was brought by a man against his wife who was repre- 
sented by her brother about ownership of a cow. After consum- 
mation of marriage wife had gone according to custom to visit 
her father. Upon leaving him, he, also according to custom, 
had given her a cow. This animal was claimed by her husband 
on ground that it had been sent him in exchange for the presents 
which, according to custom, the wife had taken to her father on 
aforesaid visit. Wife's brother alleged that husband had received 
other presents in exchange and that the cow was meant for wife. 
Latter won the suit, iii., 450-451. Ibethran. If a father or brother 
neglect a daughter or sister after her marriage, if he fail to visit 
her on feast days or when she is confined, if he fail to fulfil, in 
a word, the duties of a good relative, she may demand her 
thdmamth from him. iii., 434. 

Ancient Arabs : 

And ... to your parents show kindness, . . . iv., 40. 

And give women their dowries freely; and if they are good 
enough to remit any of it themselves, then devour it with good 
digestion and appetite, iv., 3; also xxxiii., 49. 



76 The Family 

Ancient Hebrews : 

Honour thy father and thy mother that thy days may be long 
upon the land which the Lord thy God giveth thee. Ex. xx., 12. 
And he that smiteth his father, or his mother shall surely be put 
to death. lb. xxi., 15. And he that curseth his father, or his 
mother, shall surely be put to death. lb. xxi., 17. Ye shall fear 
every man his mother and his father. Lev. xix., 3. The first- 
born of thy sons shalt thou give unto me. Ex. xxii., 29. All the 
first-born of thy sons thou shalt redeem. lb. xxxiv., 20. In the 
famine of the siege that is predicted as a consequence of diso- 
bedience to God, it is predicted that parents will devour their 
children. Deut. xxviii., 53-57. Samaria was besieged and 
there was a great famine. A certain woman complained 
unto the king : This woman said unto me, Give thy son that 
we may eat him to-day, and we will eat my son to-morrow. 
So we boiled my son, and did eat him : and I said unto her on 
the next day, Give thy son, that we may eat him : and she hath 
hid her son. 2 Kings vi., 28-29. If a woman also vow a vow 
unto the Lord, and bind herself by a bond, being in her father's 
house in her youth; and her father hear her vow, and her bond 
wherewith she hath bound her soul, and her father shall hold his 
peace at her: then all her vows shall stand and every bond where- 
with she hath bound her soul shall stand. But if her father 
disallow her in the day that he heareth; not any of her vows, or 
of her bonds wherewith she hath bound her soul, shall stand: and 
the Lord shall forgive her, because her father disallowed her. 
Numb, xxx., 3-5. A creditor came to take the two sons of one 
of the deceased sons of the prophets to be bondmen. 2 Kings 
vi., 1. If a man have a stubborn and rebellious son, which will 
not obey the voice of his father, or the voice of his mother, and 
that, when they have chastened him, will not hearken unto them, 
then shall his father and his mother lay hold on him, and bring 
him out unto the elders of his city, and unto the gate of his 
place; and they shall say unto the elders of his city : This our 
son is stubborn and rebellious, he will not obey our voice; he is 
a glutton and a drunkard. And all the men of his city shall 
stone him with stones, that he die: so shalt thou put evil away 
from among you; and all Israel shall hear, and fear. Deut. xxi., 
18-21. Cursed be he that setteth light by his father or his mother. 
lb. xxvii., 16. 



Parental Power 77 

A man of Gibeah offered his daughter to some revellers to 
abuse if they would spare his guest. Judges xix., 24. Do not 
prostitute thy daughter. Lev. xix., 29. 

After Samson's marriage, his anger was kindled because of his 
wife's deceit, and he went up to his father's house. But Sam- 
son's wife was given to his companion, whom he had used as his 
friend. A while after Samson visited his wife with a kid. But 
her father would not suffer him to go in. And her father said, I 
verily thought that thou hadst utterly hated her; therefore I gave 
her to thy companion: is not her younger sister fairer than she ? 
take her, I pray thee, instead of her. Judges xiv., 19, 20; xv., 1-2. 
Ibzan, a judge of Israel, had 30 sons and 30 daughters, whom he 
sent abroad, and took in 30 daughters from abroad for his sons. 
Judges xii., 9. Samson told his father and his mother, . . . 
I have seen a woman in Timnath of the daughters of the Phil- 
istines: now therefore get her for me to wife. They went down 
to see her. lb. xiv., 2, 5. Jacob said: I will serve thee [his uncle 
Laban] 7 years for Rachel thy younger daughter. Jacob served 7 
year and by the deceit of Laban was given Leah the elder daugh- 
ter. For Laban said: It must not be done so in our country, to 
give the younger before the first-born. Jacob then served another 
7 years for Rachel. Laban gave each of his daughters a hand- 
maid at their marriage. Gen. xxix., 20, 24, 26, 27, 29. Rachel 
and Leah said: Is there any portion or inheritance for us in 
our father's house ? Are we not counted of him strangers ? for 
he has sold us. lb. xxxi., 14-16. And Caleb said, He 
that smiteth Kirjath-sepher, and taketh it to him will I give 
Achsah my daughter to wife. And Othniel the son of Kenaz, 
Caleb's younger brother, took it, and he gave him Achsah his 
daughter to wife. And it came to pass, when she came to him, 
that she moved him to ask of her father a field: and she lighted 
from off her ass; and Caleb said unto her, What wilt thou ? and she 
said unto him, Give me a blessing; for thou hast given me a 
south land; give me also springs of water. And Caleb gave her 
the upper springs and the nether springs. Joshua xv., 16-19. 
Babylonians: 

If a man be in debt and sell his wife, son, or daughter, or bind 
them over to service, for 3 years they shall work in the house of 
their purchaser or master ; in the fourth year they shall be given 



78 The Family 

their freedom. § 117. If a father devote a votary or NU PAR 
to a god and do not give her a dowry, after her father dies she 
shall receive as her share in the goods of her father's house one 
third of the portion of a son and she shall enjoy it as long as she 
lives. After her (death), it belongs to her brothers. § 181. If 
the son of a NER. SE. GA, or the son of a devotee, say to his 
father who has reared him, or his mother who has reared him : 
" My father thou art not," " My mother thou art not," they shall 
cut out his tongue. § 192. If the son of a NER. SE. GA, or 
the son of a devotee, identify his own father's house and hate the 
father who has reared him and the mother who has reared him 
and go back to his father's house, they shall pluck out his eye. 
§ 193. If a son strike a father, they shall cut off his fingers. § 
195. If a man take a young child as a son and, when he takes 
him, he is rebellious toward his father and mother (who have 
adopted him), that adopted son shall return to the house of his 
father. § 186. If the one seized die of abuse or neglect in the 
house of him who seized him, the owner of the one seized shall 
call the merchant to account ; and if it be a man's son (that he 
seized) they shall put his son to death. § 116. If a man strike 
a man's daughter and bring about a miscarriage, he shall pay 10 
shekels of silver for her miscarriage. § 209. If that woman die 
they shall put his daughter to death. § 210. 

If a man take wives for his sons and do not take a wife for his 
youngest son, after the father dies, when the brothers divide, 
they shall give from the goods of the father's house to their 
youngest brother, who has not taken a wife, money for a mar- 
riage settlement in addition to his portion and they shall enable 
him to take a wife. § 166. If a man take a wife and she do 
not present him with children and that woman die ; if his father- 
in-law return to him the marriage settlement which that man 
brought to the house of his father-in-law, her husband may not 
lay claim to the dowry of that woman. Her dowry belongs to 
the house of her father. § 163. If a father do not give a dowry 
to his daughter, a bride or devotee, after her father dies she shall 
receive as her share in the goods of her father's house the por- 
tion of a son, and she shall enjoy it as long as she lives. After 
her (death) it belongs to her brothers. § 180. 

If a man do not present a dowry to his daughter, who is a con- 



Parental Power 79 

cubine, and do not give her to a husband ; after her father dies 
her brothers shall present her a dowry proportionate to the for- 
tune of her father's house and they shall give her to a husband. 
§ 184. If a father present a dowry to his daughter, who is a 
concubine, and give her a husband and write a deed of gift ; 
after the father dies she shall not share in the goods of her 
father's house. § 183. If a. man take a wife and do not arrange 
with her the (proper) contracts, that woman is not a (legal) wife. 
§128. 

Ancient Hindus. 

Selling one's child a minor offence causing loss of caste, xi., 62, 
67. A father may beat a son who has committed a fault with a 
rope or split bamboo, but on the back part of the body only, in 
order to correct him. iv., 164; viii., 299-300. "That trouble 
and pain which the parents undergo on the birth of their child- 
ren can not be compensated even in a hundred years." The 
son is always to do what is agreeable to his parents. Obedience 
to them is the best form of austerity. He must not even do 
meritorious acts without their permission. He shall always serve 
them. To honour them is the highest duty, ii., 225-237. A son 
who goes to law with his father or who quarrels with his father 
or mother or who forsakes them without a sufficient reason must 
be avoided, iii., 157, 159, 161 ; iv., 180, 181. Casting off one's 
father or mother, a minor offence causing loss of caste, likewise 
to be fined by the king 600 panas unless they are guilty of a 
crime causing loss of caste, xi., 60, 67 ; viii., 389. Reprehen- 
sible is the son who does not protect his mother after her hus- 
band has died, ix., 3, 4. He who neglects not his father, 
mother, and guru, even after he has become a householder, will 
conquer the 3 worlds and, radiant in body like a god, he will en- 
joy bliss in heaven, ii., 232-237. For defaming mother or father 
a fine of 200 panas. viii., 275. 

No father who knows the law must take even the smallest 
gratuity for his daughter : for he is then a seller of his offspring. 
When the relatives do not appropriate for their use the gratuity 
given, it is not a sale ; in that case the gift is only a token of 
respect and kindness towards the maiden, iii., 51, 54. Even a 
Sudra ought not to take a nuptial fee, when he gives away his 



80 The Family 

daughter : for he who takes a fee sells his daughter, covering the 
transaction by another name, ix., 98. 

Reprehensible is the father who gives not his daughter in mar- 
riage at the proper time, ix., 4. Three years let a damsel wait 
though she be marriageable ; but after that time let her choose 
for herself a bridegroom of equal caste and rank. If, being not 
given in marriage, she herself seeks a husband, she incurs no 
guilt, nor does he whom she weds. But she shall not take with 
her any ornaments given by her father, mother, or brothers ; if 
she carries them away, it will be theft. Her husband need not 
pay any nuptial fee to her father ; for the latter will lose his 
dominion over her in consequence of not giving her in marriage. 
ix., 90-93. To maiden sisters, brothers who have inherited par- 
ental estate shall give each one-fourth of his portion. A 
brother refusing to do this will become an outcast, ix., 118. 

Ancient Chinese: 

In the time of duke Ting of Ku-lii, there occurred the case of 
a man killing his father. The duke said: When a son kills 
his father, all who are in the house with him should kill him with- 
out mercy. . . . his house should be destroyed, the whole 
place should be laid under water and reduced to a swamp, xxvii., 
J95. When sons and their wives have not been filial and rever- 
ential, the parents should not be angry and resentful with them, 
but endeavour to instruct them. If they will not receive instruc- 
tion, they should then be angry with them. If that anger do 
no good, they can then drive out the son and send the wife away, 
xxvii., 456. After the proper dressing at cock-crow sons and 
daughters-in-law should go to their parents and parents-in-law. 
On getting to where they are, with bated breath and gentle voice, 
they should ask if their clothes are too warm or too cold, 
whether they are ill or pained, or uncomfortable in any part; and 
if they be so, they should proceed reverentially to stroke and 
scratch the place. ... In bringing in the basin for them to 
wash, the younger will carry the stand and the elder the water; 
they will beg to be allowed to pour out the water, and when the 
washing is concluded they will hand the towel. They will ask 
whether they want anything, and then respectfully bring it. All 
this they will do with an appearance of pleasure to make their 



Parental Power 81 

parents feel at ease. They should bring food to them. . . . From 
the time that sons receive an official appointment, they and their 
father occupy different parts of their residence. But at the 
dawn the son will pay his respects, and express his affection by 
the offer of pleasant delicacies. . . . At sundown the son will 
pay his evening visit in the same way. When the parents wish 
to sit anywhere, the sons and their wives should carry their mats 

and ask in what direction they shall lay them What is 

left by their parents, they will themselves eat. When the father 
is dead, and the mother still alive, the eldest son should wait 
upon her at her meals; and the wives of the other sons will do 
with what is left as in the former case. . . . When with their 
parents, sons and their wives, when ordered to do anything, 
should immediately respond and reverently proceed to do it. In 
going forwards and backwards, or turning around, they should be 
careful and grave; . . . they should not presume to eructate, 
sneeze, or cough, to yawn or stretch themselves, to stand on 
one foot, or to lean against anything, or to look askance. . . . 
They should wash and mend their parents' clothes. . . . Every 
five days they should prepare tepid water, and ask them to take 
a bath, and every three days prepare water for them to wash 
their heads. If in the meantime their faces appear dirty, they 
should heat the water in which the rice has been cleaned, and 
ask them to wash with it; if their feet be dirty, they should pre- 
pare hot water, and ask them to wash them with it. . . . When 
their parents give them anything to eat or drink, which they do 
not like, they will notwithstanding taste it and wait for their 
further orders; when they give them clothes, which are not to 
their mind, they will put them on, and wait in the same way. 
If their parents give them anything to do, and then employ 
another to take their place, although they do not like the 
arrangement, they will in the meantime give it into his hands 
and let him do it, doing it again, if it be not done well. . . . 
After a son has admonished his parent, in case he have a fault, 
if the parent be angry, and beat him till the blood flows, he 
should not presume to be angry and resentful but be still more 
reverential and more filial, xxvii., 450-457. In serving his 
father a son should conceal his faults, and not openly 
or strongly remonstrate with him about them, should 



82 The Family 

in every possible way wait on and nourish him, without 
being tied to definite rules; should serve him laboriously 
until his death, and then complete the mourning for him for 
three years. xxvii., 121. When a father's summons came 
to him, a son reverently obeyed it without any delay. What- 
ever work he had in hand, he laid aside. He ejected the meat 
that was in his mouth, and ran, not contenting himself with a 
measured, though rapid, pace, xxviii., 24, When his father or 
mother is ill, a young man who has been capped should not use 
his comb, nor walk with his elbows stuck out, nor speak on idle 
topics, nor take his lute or cithern in hand. . . . He should not 
laugh so as to show his teeth, xxvii., 83. In the service of his 
parents by a son, if he have thrice remonstrated and is still not 
listened to, he should follow his remonstrance with loud crying 
and tears, xxvii., 114. There are three degrees of filial piety. 
The highest is the honouring of our parents; the second is not 
disgracing them; and the lowest is the being able to support them. 
The body is that which has been transmitted to us by our par- 
ents; dare any one allow himself to be irreverent in the employ- 
ment of their legacy ? If a man in his own house and privacy 
be not grave, he is not filial; if in serving his ruler he be not 
loyal, he is not filial; if in discharging the duties of office he be 
not reverent, he is not filial; if with friends he be not sincere, he 
is not filial; if on the field of battle he be not brave, he is not 
filial. If he fail in these five things, the evil of the disgrace will 
reach his parents; — dare he but reverently attend to them ? The 
fundamental lesson for all is filial piety. The practice of it is 
seen in the support of parents. One may be able to support 
them; the difficulty is in doing so with the proper reverence. 
One may attain to that reverence; the difficulty is to do so 
without self-constraint. That freedom from constraint may be 
realised; the difficulty is to maintain it to the end. When his 
parents are dead, and the son carefully watches over his actions 
so that a bad name, involving his parents, shall not be handed 
down, he may be said to be able to maintain his piety to the end. 
True love is the love of this; true propriety is the doing of this; 
true righteousness is the Tightness of this; true sincerity is being 
sincere in this; true strength is being strong in this. Joy springs 
from conformity to this; punishments spring from the violation 



Parental Power 83 

of this. . . . Set up filial piety, and it will fill the space from 
earth to heaven; spread it out, and it will extend over all the 
ground to the four seas; hand it down to future ages, and from 
morning to evening it will be observed; push it on to the eastern 
sea, the western sea, the southern sea, and the northern sea, and 
it will be everywhere the law for men, and their obedience to it 
will be uniform. ... A man's parents give birth to his person all 
complete, and to return it to them all complete may be called 
filial duty. When no member has been mutilated and no dis- 
grace done to any part of the person, it may be called complete; 
and hence a superior man does not dare to take the slightest step 
in forgetfulness of his filial duty. . . . A son should not for- 
get his parents in a single lifting up of his feet, and therefore he 
will walk in the highway and not take a bypath, he will use a 
boat and not attempt to wade through a stream; — not daring, 
with the body left him by his parents, to go in the way of peril. 
He should not forget his parents in the utterance of a single 
word, and therefore an evil word will not issue from his mouth. 
Not to disgrace his person and not to cause shame to his parents 
may be called filial duty, xxviii., 226-229. A son of all-compre- 
hensive virtue serves his parents as he serves Heaven, and serves 
Heaven as he serves his parents, xxviii., 269. While his parents 
are alive, a son will not have wealth that he calls his own. xxvii., 
69. A son and his wife should have no private goods, nor animals, 
nor vessels. They should not presume to borrow from, or give 
anything to, another person. If any one give the wife an article 
of food or dress, a piece of cloth or silk, a handkerchief for her 
girdle, an iris or orchid, she should receive and offer it to her 
parents-in-law. If they accept it, she will be glad as if she were 
receiving it afresh. If they return it to her, she should decline 
it, and if they do not allow her to do so, she will take it as though 
it were a second gift, and lay it by to wait until they may want 
it. If she want to give it to some of her cousins, she must ask 
leave to do so, and that being granted, she will give it. xxvii., 
458. Son's wives should serve their parents-in-law as they would 
their own. xxviii., 341. When her father-in-law is dead, her 
mother-in-law takes the place of the old lady, but the wife of 
the eldest son, on all occasions of sacrificing and receiving guests, 
must ask her directions in everything, while the other sons' wives 



84 The Family 

must ask directions from her. When her parents-in-law employ 
the eldest son's wife, she should not be dilatory, unfriendly, or 
impolite to the wives of his brothers for their not helping her. 
When the parents-in-law employ any of them, they should not 
presume to consider themselves on an equality with the other; 
walking side by side with her, or giving their orders in the same 
way, or sitting in the same position as she. xxvii., 457-458. No 
daughter-in-law, without being told to go to her own apartment, 
should venture to withdraw from that of her parents-in-law. 
Whatever she is about to do, she should ask leave from them, 
xxvii., 458. 

If there were betrothal rights, a woman became a wife; and 
if she went without these, a concubine, xxvii., 479. 

Ancient Romans : 

The ascendant has the same rights in respect of the property 
of the manumitted son or daughter, grandson or grand- 
daughter, as the patron has over the property of his freedman. 
J. i., xii., 6. Absolute power of the father over his legitimate child- 
ren throughout their life, jus vitcz necis ( involving the right 
of imprisoning, flogging, chaining, selling, or killing them, how- 
ever exalted their position may be). If a father sells his son 
three times, the son shall be free from the power of the father. 
Table IV. Our children begotten in lawful marriage are 
in our power. G. 1., 55 ;/. i., ix. So, also, is the son born to your 
son and to his wife, . . . and your great-grandson and great- 
granddaughter and other descendants are equally in your power. 
But a child born of your daughter is not in your power, but in 
the power of his father. J. i., ix. All children who are in the 
power of their ascendant may be sold by the very same formal 
process by which slaves are sold. These formal sales are usually 
only gone through by ascendants and fictitious purchasers when 
they desire to release the persons so sold from their power . . . 
It is necessary that he who receives by way of formal transfer 
should take hold of the thing itself which is given him in this 
solemn mode, and hence, also, it is called " mancipatio," because 
the thing is taken by the hand G. i., 117, 118a, 121 ; /. i., xL 
The father sells his son to some person who releases him from 
power by the process of fictitious vindication, by which means 



Parental Power 85 

the son falls again into the power of his father, who sells his son 
again either to the same person or to others, but usually to the 
same person, and this person again releases the son from power 
by the process of fictitious vindication, and then when the son 
is again brought into the power of the father, the latter sells 
him a third time, either to the same person or to another, but 
usually to the same person, and by this last sale the son ceases 
to be in the power of the father, although he is not yet released 
from power, but is in the condition of a person in a state of 
bondage. G. i., 132. Emancipation also took place by imperial 
rescript. We, in our forethought, have reformed this matter by a 
constitution, so that the old fictitious process being done away 
with, ascendants go at once before the competent judges and 
magistrates, and free from their power their sons and daugh- 
ters, y. i., #&, 6. If the emancipated person be under the age 
of puberty, the ascendant, as the result of the emancipation, ac- 
quires the tutorship. lb. Adoption also takes place through a 
formal sale. G. i., 134 and J. i., xii., 8. Children, actual or 
adopted, have scarcely any means of compelling an ascendant to 
release them from his power. J. i., xu. f 10. It is not lawful 
to offer any indignity to those whom we have in our bondage, 
otherwise we are liable to an action for outrage — indeed, men are 
not kept long in this state, but, for form's sake, are usually so 
only for a moment, unless they have been formally surrendered 
by their ascendant on account of damage caused by them. G. i., 
141. The wrongful acts of sons in power or of slaves, as, for ex- 
ample, if they are guilty of theft, or commit an outrage, give rise 
to noxal actions, in which it is lawful for the father or master 
either to pay the estimated damages or to abandon him by way 
of reparation, for it was unjust that their wrongful acts should 
involve their ascendants or masters in greater loss than the value 
of their persons. G., iv., 75. ( The parallel passage in Justinian 
refers only to slaves.) Formerly, whatever our emancipated child- 
ren of both sexes acquired, excepting, of course, property gained 
in war, was acquired for the benefit of their parents. So that 
that which an ascendant had acquired through one child he could 
give, or sell, or ay ply in any way he pleased for the benefit cf 
another child, or a stranger. As this appeared very harsh to us 
we have relieved the children and yet reserved for the ascendants 



86 The Family 

their due. All which comes through the property of the father 
shall, according to the old rule, be acquired entirely for the as- 
cendant's benefit ( for what objection can be made to that which 
comes from the father returning to him ? ). But whatever the 
son in power acquires in any other way, of this the father shall 
have the use and enjoyment, but the son shall retain the owner- 
ship. Formerly at emancipation a father retained one-third of 
the property. Now the father retains the usufruct of one-half. 
J. ii., zx.y 1-2. A son, though he become a soldier, a senator, or a 
consul, still remains in the power of his father, for neither mili- 
tary service nor consular dignity can free the son from power. 
But, by our constitution, the supreme dignity of the patriciate 
frees the son from the power of his father immediately the im- 
perial patent is conferred, for who could endure that any father 
should be able by emancipation to release his sen from the 
thraldom of his power, and yet the Imperial Majesty should not 
be able to withdraw from the power of another one selected to 
rank as a father. J. i., xiu, 4. 

The consent of an ascendant in whose power a male or a 
female is, is necessary to marriage. J. i., x. 

French-- 

371. A child of all ages owes honour and respect to his father 
and mother. 372. He remains under their authority until his ma- 
jority or his emancipation. 373. The father alone exercises this 
authority during the marriage. 374. A child cannot leave his 
father's house without latter's consent, unless it be to enlist vol- 
untarily after he has reached the full age of 18. 375. A father, 
who, for very serious reasons, is displeased with conduct of a 
child, shall have the following means to correct him. 376. If 
child has not yet commenced his sixteenth year, father can have 
him incarcerated during a period not exceeding one month : for 
that purpose the Presiding Justice of the Tribunal of the Dis- 
trict must at his request issue an order of arrest. 377. From 
beginning of child's sixteenth year, until his majority or emanci- 
pation, father can only ask that he be incarcerated for 6 months 
at the utmost : He shall apply to the Presiding Justice of said 
Tribunal, who, after having conferred with the King's Attorney 
(Republic's Attorney), shall issue an order of arrest or refuse it, 



Parental Power $7 

and may in former case reduce time of incarceration asked for 
by father. 378. Father shall only be bound to sign an under- 
taking to pay all expenses and to furnish proper support. 379. 
Father is always at liberty to reduce time of incarceration 
ordered or applied for by him. If after his liberation, child 
again falls back into bad habits, the incarceration can be ordered 
again. . . . 381. A mother who survives, and has not remarried, 
can only have a child incarcerated with the assistance of the two 
nearest paternal relatives. 382. When the child has personal 
property, or a trade, his incarceration can only take place upon 
an application in the manner provided for by article 377, even 
if the child is less than sixteen years of age. A child who is in- 
carcerated can address a brief to Attorney-General of Royal 
Court (Court of Appeals). Latter shall make inquiries through 
King's Attorney (Republic's Attorney) of the Tribunal of First 
Instance, and shall make his report to the Presiding Justice of 
the Royal Court (Court of Appeals), who, after giving notice to 
the father and having gathered full information, can cancel or 
amend the order made by the Presiding Justice of the Tribunal 
of First Instance. 205. (Amended by Law of 9th of March, 
1 89 1.) Children owe support to their father and mother and 
other ascendants who are in want. 

146. There is no marriage when there is no consent. 148. A 
son who has not reached full age of 25, and a daughter the full age 
of 21, cannot contract marriage without consent of father and 
mother : in case of disagreement the consent of the father is suf- 
ficient. 151. After aforesaid age children shall be bound to ask, by 
a respectful and formal summons, for advice of father and mother, 
or of grandfathers and grandmothers if father and mother are 
dead, or if it is impossible for them to express their wish. 152. 
From 21 to 25 in case of daughters, the respectful summons shall 
be renewed twice more from month to month ; and one month 
after third summons the celebration of the marriage can take 
place. 153. After 30, if there is no consent, the marriagecan take 
place one month after one respectful summons. 156, 157. Civil 
officers not complying with these rules are subject to a fine and 
to imprisonment for not less than 6 months where parties are 
under 21 and 25 and for not less than one month where no 
summons has been issued. 204. A child has no claim against 



88 The Family 

his father and mother for his establishment by marriage or 
otherwise. 1440. Every person who gives a dowry is obliged 
to guarantee it, and the interest runs from day of marriage, even 
if time is allowed for payment, unless there is some stipulation 
to the contrary. 

People of United States: 

Father has paramount right of custody. May be forfeited by 
misconduct. Primary object of custody is to secure welfare of 
child and not special parental claims. § 248. State may assume 
care and custody of neglected children. § 256. Cruel and merci- 
less punishment is an indictable offence, but the law reluctantly 
interferes except in cases of permanent injury or malicious in- 
fliction. § 244, N. 3. Father entitled to child's labour and serv- 
ices until latter's majority or marriage providing he supports 
child ; but father not obliged to claim his child's earnings for 
benefit of his own creditors where he has not objected to child 
contracting on his own account ; payment to child and not to the 
parent is a sufficient discharge. §§252, 252a. In common law a 
mother has no right to services and earnings of a minor child ; 
but there is a tendency to grant her rights in these respects 
especially if she be a widow and have borne burden of child's 
support. § 254. The courts are reluctant to grant compensation 
for services of adult offspring living at home unless an explicit, 
agreement has been made. § 269. In case of injury to a child a 
parent may usually claim indemnity for loss of his services, not 
merely during that part of his minority when he is capable of 
rendering service. §258. A parent may maintain an action for 
the seduction of his daughter on same principle. And here 
it is not necessary for daughter to be under age providing a 
relationship of servant and master exists between her and her 
father. Evidence of service may be very slight, making tea, 
milking cows, etc. Tendency in some States to enable a woman 
to sue directly for her own seduction and consequent injury. 
§§261, 261a. Father is not liable for acts of child committed 
without his knowledge, consent, participation, or sanction, and 
not in the course of his employment of child. § 263. Marriage 
of minors without consent of parent or guardian forbidden, but 
such marriage remains valid. In some States this consent is a 



Parental Power 89 

prerequisite to granting the marriage license. § 30. A parent 
cannot sue for enticing his child into a marriage against parental 
consent. § 260. 



LECTURE V 



Three stages of 
parenthood 



First stage 



Characterised by 
affection and indul- 
gence or indiffer- 
ence and neglect 



No discipline 



HOME EDUCATION AND STAGES OF PARENTHOOD 

THERE are at least three broad stages in the rela- 
tionship between parents and offspring which 
should be noted as a basis for classification of facts of 
home education. The economic and cultural stages in 
general to which these types of parenthood more or 
less correspond we shall consider more fully later. 
In the first stage, lactation is more or less prolonged, 
and childhood and youth are comparatively short. 
Parents have more or less absolute power over off- 
spring, but this lasts only during the period of nat- 
ural dependence. Sympathetic relations of more or 
less mutual affection and help may be maintained, 
however, after filial dependence ceases. 1 Here par- 
ental mastery must be distinguished from parental 
ownership, for the idea of property in general is 
but little undeveloped. There is little if any cap- 
ital either in human beings or in other forms. This 
stage is characterised both by parental affection and 
indulgence and by parental indifference and neglect. 
In either case the child is subject to abuse from out- 
bursts of parental temper ; but there is no attempt to 
discipline him for his own sake. He learns the arts 
of subsistence through imitation. 

1 Moreover in most ethnic groups the elder men and women, but particu- 
larly the men, are much respected and this group attitude towards old age 
probably affects filial relations. An apparent exception is the practice of put- 
ting old parents to death, but this is often thought to be for their good. 

90 



Home Education and Parenthood 9 1 

Let us note at this point, parenthetically, the im- Economic training 
portant part played by imitation throughout home through imitation 
education. Imitation both unconscious and con- R 6 le or imitation in 

77 1 -i . -i i 1 r 1 home education 

scious is par excellence the educational method of the 
family. It is plain that a considerable part of the 
adaptation of living beings to their environment, i.e., 
of beings that are born plastic, is passed on from gen- 
eration to generation through imitation. Were this 
not so, much if not all of the road traversed by one 
generation would have to be retravelled by the 
next generation from the very beginning and without 
short-cuts} Consequently there would be little chance its relation to 

c ,1 11 «.' -..I. ' 1.' J* 'J 1 individual variation 

lor the novel adaptation, the propitious individual 
variation, that constitutes progress. So important is 
the family task of adapting the individual to his en- 
vironment through imitation that it seems as if in 
undeveloped types of family the advantages of plas- Advantages of 
ticity at birth and prolonged infancy cannot be fully LtVuiiy^elnsed 1 
availed of. It is notoriously in the family that in- initiative discour- 

......... . .... . T . aged in undeveloped 

dividual initiative or invention is discouraged. It is family types 

only the most advanced type of family that educates 

the child in such a way that the necessary adaptation 

of the individual to his environment is secured, while, Attitude towards 

. r ..... .. individual variation 

at the same time, the capacity for individual variation in higher types of 
is fostered and the advantage of the prolongation of 
infancy fully realised. 2 Although imitation training 
in family association is woven into the pettiest details 

• i it «11 • Unconscious and 

of daily life, practically all habits of thought or con- conscious imitation 
duct being matter of imitation, this training is for the 

1 If, according to the theory of recapitulation, the child passes through the 
experience of the human race, as well as through that of animal ancestors, he 
is greatly aided, in the latter part of his course, by his faculty for imitation. 

8 Cp. p. 46 for primitive man's impatience of physical variation. 



9 2 



The Family 



Imitation conscious 
in economic 
training 



Hereditary 
occupations 



As forms of inher- 
ited property 

Second stage 



Children valuable 
chattels 



Discipline from an 
utilitarian stand- 
point 



Training for the 
sake of the group 



Filial subordination 
at times during life- 
time of parent 

After the death of 
parents 



most part unconscious on the part of both parents 
and offspring. Imitation may, of course, become 
conscious along all lines of activity ; but it is in the 
teaching and training of household or field or forest 
arts or crafts that it is most apt to be deliberate 
or systematic. Here child-labour is child-training. 
Hereditary occupations are often, where the division 
of labour in general has arisen, the outcome of this fa- 
milial economic training. The son is apprenticed to 
his father and from him learns the special craft of 
which he is master. Let us note, incidentally, that 
this craft may be of a secret or monopolistic character 
and that it is then inherited as a form of private 
property. 

To return to our classification. In the second 
stage of relationship between parent and child, im- 
maturity is prolonged with the need of adaptation to 
a more complex environment. Economic ideas are 
more or less well developed. Offspring are forms of 
capital. Child-labour is valuable and marriage by 
purchase prevails. Child-discipline is well developed. 
It may even begin in infancy in attempts to harden 
the infant and to regulate his habits. Discipline 
exists primarily, however, to make the child useful 
to his parents. Filial obedience and service are also 
recognised, however, to a certain extent, as social 
virtues necessary to the cohesion of the group. It 
may therefore be expected of parents to give this 
training to their children for the sake of the group. 
Filial subordination may last throughout the life-time 
of the parent, particularly, when the latter is the head 
of the kinsfolk group. It frequently lasts even after 
the death of parents ; for in this stage ancestor-worship 



Home Education and Parenthood 93 

is as a rule well developed. 1 As we shall see later, 
the married daughter is usually, in thoroughgoing 
marriage by purchase, cut off from her own family. 
Under these circumstances she becomes as a rule subservience to 

i • i i i i> • i r i parents-in-law 

subservient to her husband s parents, instead of her 
own. 

The third stage is distinguished from the others Third stage 
by the fact that here, for the first time, the child is 
educated and provided for primarily for his own sake. Education primarily 
This is an extremely significant fact in the history of 
the family and of civilisation. For the first time, 
progressive individual variations may be — even here 
they are not always — fully encouraged. In this 
stage, the period of immaturity is long, but at its 
close offspring become customarily, as in the first 
stage, completely independent of parents. 

The principle of equality of inheritance by off- inheritance by 
spring is or tends to be established in the third stage offspnng 
of parenthood. 2 Daughters inherit as well as sons, 
and sons inherit equally or, if unequally, the inequal- 
ity is due to personal needs or qualifications more 
than to external circumstances. As we shall have By daughters 
occasion to see later, as long as a proprietary char- 
acter attaches to women, they are naturally, either as 
daughters or wives, more or less excluded from inher- 
itance. They are rather inherited. When they do 
inherit, frequently implicit in the custom is the idea 
that they are conveyers of family property, so to 
speak. A clear expression of this idea is the en- Marriage ef 
dogamous marriage restriction frequently put upon 

1 See p. 301. 

2 See pp. 273-4 for tendencies against individual property holding in ethnic or 
gentile society. 



heiresses 



94 



The Family 



heiresses. In unequal inheritance between sons and 
daughters, it may be customary for the woman to in- 
herit only in the absence of men. Again she may 
only receive a smaller portion or she may have the 
enjoyment only of the inheritance during her lifetime 
or she may share in the personal and be excluded 
inheritance by sons from the real property. Inequality of inheritance by 
sons may be based on order of birth or on the con- 
jugal status of the mother. In the first case, the 
eldest son (primogeniture), the youngest son (bor- 
ough-English), or more infrequently, a son in some 
other arbitrary position in order of birth may inherit. 
In the second case, the son of the principal wife may 
inherit irrespective of the order of birth. In all cases 
the exclusion of the other sons may be only partial 
or it may be total. Cases of equality of inheritance 
(gavel-kind) by sons seem to occur under all systems 
of family organisation, nevertheless, taken with other 
facts, the custom is one of the criteria of highly 
developed parenthood. Sons or daughters may be 
disinherited at parental pleasure or only for stated 
offences and by a prescribed procedure. In consider- 
ing descent and kinship groups we shall return to the 
subject of inheritance in other connections. 

These stages of parenthood are not mutually ex- 
clusive, z. *., educational methods characteristic of one 
stage will be found in groups where parenthood is on 
the whole in another stage. Practices for the good 
of offspring solely or combined with those for the 
good of parents or group occur in all stages. In the 
same community different families may be in differ- 
ent stages, or in the same family methods belonging 
to different stages may exist side by side, the method 



Primogeniture 
Borough-English 



Dependent upon 
position of mother 



Gavel-kind 



Disinheritance 



Mixed stages of 
traits 



Home Education and Parenthood 95 

of one parent differing from that of the other, or the 
same parent practising different methods. 

In this connection we should note certain customs customs indicative 
which are more or less peculiar to the first two stages, sympathy 
but which are, nevertheless, either indicative of or 
likely to lead to parental sympathy. 1 To be con- 
sidered from this point of view are various kinds of 
birth and pregnancy taboos, including sexual abstinence 
during pregnancy or lactation period, customs of 
bodily mutilation and couvade practices, teknonymy, 
ceremonial mourning at the death of offspring, and the 
performance in both the early and later life of the child 
of innumerable good-luck-bringing practices. 

During pregnancy and birth mother and child are, Pregnancy and birth 
in primitive thought, particularly subject to the work- 
ing of both malevolent and benevolent spirits. A 
great variety of charms is in vogue to ward off the 
influence of the evil and attract that of the good 
spirits. Allied to such charms as an expression of 
the same kind of animistic 2 thought is the practice of 
couvade. 

Couvade is the name given to various lying-in prac- couvade 
tices through which at child-birth the father imitates 
or substitutes himself for the mother. He may for a 
stated time refrain from all exercise, from certain kinds 
of food, from exposure, etc., or he may actually take to 
his hammock, mat, or bed. Special taboos may also 
affect the father during the whole period of the moth- 
er's pregnancy or lactation. He may have to avoid 
dangerous forms of hunting or fighting, or he may not 



1 This does not mean that they necessarily originated in parental sympathy. 
9 See p. 



96 The Family- 

venture far on the water. One or both parents * may 
have to avoid eating either, during the mother's preg- 
nancy or during the lactation period, the flesh or parts 
of the flesh of certain animals, of animals killed in 
special ways or by special persons, or of pregnant ani- 
mals. Parental conduct during pregnancy and child- 
birth is not only thought to effect the child's health or 
physical development; it is also thought to influence his 
mind or character. For this reason certain animals, 
for example, are not eaten, otherwise the child would 
come by their undesirable traits, by cowardice, stu- 
pidity, etc. Again, should the mother cry out in 
child-birth, the child would be lacking in endurance. 
Couvade or sympathetic practices are sometimes con- 
sexuai abstinence fined to the birth of the first child. Unlike the taboos 
andi'fctat^onTeri'od we have been considering, the practice of sexual absti- 
nence during pregnancy and lactation, to which we 
have already referred in other connections, is some- 
times ( in the case of abstinence during lactation, at any 
rate) based on observation of fact. During pregnancy 
the milk supply either ceases or is much impoverished. 
The occurrence of pregnancy, therefore, during the 
period when an infant is still dependent upon mother's 
milk is decidedly injurious. 2 

Taboo practices by the parents for the good of off- 
spring likewise occur at later periods in the child's life. 
Forms of fasting may be observed when the child is ill 
or at initiation or marriage. Fasting may also be prac 

1 The original term applied only to the father, but as a matter of fact, it is 
difficult, if not impossible, to differentiate between the parents in many cases of 
the performance of this form of sympathetic magic. 

2 This restriction is also of interest inasmuch as it is also, at times, an ex- 
pression of solicitude for the mother. It is also an expression of a type of self- 
control which plays a very important part in social development. 



Mourning practices 



Home Education and Parenthood 97 

tised after the death of a child. Portions of the body of 
a deceased child or articles of its clothing, etc., may be 
preserved or carried about by the parents. Special 
clothes or badges, etc., may be worn by the parents or 
periods of seclusion observed by them. Sometimes 
these mourning practices for offspring are similar to 
the general mourning rites or taboos prevailing in a 
given group ; sometimes they appear, on the other 
hand, to have a special significance. The naming of Teknonymy 
children is always a significant fact. As we shall see 
later, it is commonly indicative of the way in which 
descent is reckoned. In the so-called custom of tek- 
nonymy, however, instead of offspring receiving names 
from parents, parents are named after offspring. 
( Sometimes the parents of a new-born child are given 
a status name expressive of the fact.) Again the Auspicious names 
giving of particularly auspicious names to offspring, 
saint or hero names, for example, points to parental 
sympathy. 

Customs of mutilating the body of the infant or Mutilation custom: 
childarewidespread. Amongthem are boring the nose, 
lips, ears, and cheeks, flattening the nose, deforming 
the skull, feet, fingers, etc., knocking out or sharp- 
ening the teeth, the excision, circumcision, or infibula- 
tion of the external male or female generative organs, 
tattooing, scarification, etc. Cutting the hair or nails 
may also be done ceremonially. There is much uncer- 
tainty about the origins of these customs; but whatever 
their origins, they are always thought to be of benefit 
in some way or other to the child upon whom they 
are practised. Sometimes they aim to improve his or 
her appearance. Sometimes, as in the case of opera- 
tions upon the sex organs, they are thought of as a 



98 



The Family 



Lucky practices 



Differences in 
education of boys 
and girls 



Avoidance of female 
relatives 



necessary preparation for marriage, or, as a means of 
complying with a social requirement of chastity before 
marriage. Again they may be, particularly when they 
occur at initiation, distinctly rites of group member- 
ship and may often have to be considered as group 
or kinship, rather than parental, functions. Unfortu- 
nately the character of the actors in the ceremonial, 
whether parents, clansmen, group elders, etc., is fre- 
quently unnoted by ethnographers. 

Besides the aforesaid customs, a great variety of 
beliefs, many of which are plainly animistic, are held 
and acted upon by parents, or carried out by their 
agents for the good of offspring. Horoscopes are 
cast, amulets worn, religious sacrifices made, and trees 
planted for the child ; the child's hair, nails, skin, 
clothes, etc., are disposed of after a prescribed fash- 
ion. The child is fed, decorated, sung to, anointed, 
besprinkled, put to sleep, held, washed, exercised, doc- 
tored, etc., in propitious or evil-deterrent ways. 

Home education differs according to sex. It is 
important to note carefully the different ways in 
which boys and girls are brought up, as this differ- 
entiation has a marked influence upon the family as 
well as upon the social organisation in general. It 
is also important to note the respective parts played 
by father and mother in home education. After a 
certain age, anywhere from five to twelve, the daily 
association of boys with their mothers and sisters 
commonly lessens or ceases altogether and they begin 
to accompany their fathers. Habitual avoidance of 
mothers or sisters may even be required at a certain 
age. 1 

1 For a fuller discussion of the custom of avoidance see p. 170. 



Home Education and Parenthood 99 

Here, as before, expressions of sympathy and edu- ^^hTUen"^ 
cational efforts on the part of parents may be sup- 
plemented or substituted for by a kinsfolk circle 
under ethnic organisation or by State, Church, guild, 
or philanthropic society under civil organisation; it 
is important to note in the study of any society in 
what ways parental obligations of education are 
shared in by other agents. 

NOTE A 

Parental Affection, Indulgence, Neglect, etc. 

(In primitive groups) Steinmetz, Das Verhdltnis zwischen 
Elta-n und Kindern bei den Naturvolken in Zeitschrift fiir 
Socialwissenschaft, 1898, pp. 607-631 

Lb., Ploss, Das Kind, ii., 333-345- 

(Among lower economic classes in civilisation) Wolf, 

Das Verhdltnis von Eliern und Kindern bei den Landvolk in 
Deutschla?id in Zt. f. Soc, 1898, pp. 715-722. 

(lb.) Booth, Life and Labour in London, ix., 435 ; x., 42-43. 

(lb. , parental neglect) Report of Lnter-Departmental Com- 
mittee on Physical Deterioration, London, 1904, pp. 47-57. 

Imitation-Training and the Adaptation of Offspring to 

Environment. 

Tarde, The Laws of Lmitation, New York, 1903, chaps, 
vi. and viii. 

Baldwin, Mental Development in the Child and the Race, 
New York, 1903, pp. 349-366. 

Butler, The Meaning of Education (first address), New 
York, 1898. 

Parental Discipline. 

Steinmetz, Ethnologische Studien zur ersten Entwicklung 
der Strafe, ii., 179-253. 

Ploss, Das Kind, ii., 345-367. 

Garcilasso de la Vega, The Royal Commentaries of the 
Yncas, in Pub. of the Hakluyt Society, London, 1869, i., 145- 
H6, 315-317. 

LOFC. 



100 The Family 

Filial Virtue Due to the Group. 

Li Ki (Sacred Books of the East), xxviii., 66-67, 217, 226- 
238, 419. 

Pregnancy and Birth Taboos. 

Skeat, Malay Magic, London, 1900, pp. 332-352. 

Couvade. 

Ling Roth, On the Signification of Couvade, in The Journal 
of Anthropological Institute of Great Britain and Ireland, xxii, 
(1893) 204-241. 

Starcke, The Primitive Family, app. xvii. 
Sympathetic Treatment and Doctoring of Children. 

Ploss, Das Kind, ii., 192-241. 
Mutilations, etc. 

lb., i., 289-394. 
Ceremonial Bathing, Anointing, etc. 

lb., i., 256-287. 
Separation of Boys and Girls. 

Crawley, The Mystic Rose, pp. 215-221. 

NOTE B 

The Origin and Meaning of Couvade. 

Animistic hygiene : An outcome of the primitive mental 
state " in which man does not separate the subjective mental 
connection from the objective physical connection." Also 
expressive of the primitive conception of parentage through 
the father only. Tylor, Researches into the Early History 
of Mankind, London, 1870, pp. 297-300. Symbolic of 
transition from a maternal to a paternal system. Tylor, 
On a Method of Investigating the Developme?it of Institutions j 
Applied to Laws of Marriage and Descent, in J. A. I, xviii., 
256. 

The practice is based on the idea that the acts or dieting 
of the father will affect the child. A person takes on the 
characteristics of animals that are eaten. Lubbock, The 
Origin of Civilisation and the Primitive Condition of Man, 
London, 1870, p. 12. 



1 



Home Education and Parenthood 101 

A symbolic representation of the physiological relation be- 
tween father and offspring in distinction to original mother- 
kinship. Wilken, De Couvade bij de Volken van dn Ifidischen 
Archipel {Bijdragen tot de Taal-Land- en Volkenkunde van 
Ncderlandsch- Indie) 5e vol., Greeks iv. 

lb., Bachofen, Das Mutterrecht, Basel, 1897, p. 256. 

Belongs to the period of human development character- 
ised by belief in magic. Matronymy and the transition from 
matronymy to patronymy are coincident but not at all causal 
phenomena. Ling Roth, On the Signification of Couvade in 
J. A. I., xxii., 224-240. 

An expiatory offering to the malevolent spirits which 
threaten the child. Hellwald, Die me?ischliche Familie f 
Leipzig, 1889, p. 362. 

Redemption sacrifice rendered by the father in place of 
the actual sacrifice of the first-born. Lippert, Die Geschichte 
der Familie. Stuttgart, 1884, pp. 213 ff. 

Through conjugal sympathy husband substitutes himself 
for wife to ward off evil influences from her. Crawley, 
The Mystic Rose, London and New York, 1902, p. 425. 

An outcome of husband's sympathy with wife. Cases have 
been observed in which the husband experiences nausea 
during his wife's pregnancy. Fere, Contribution a la path- 
ologie de la sympathie conjugate j une interpretation physiologique 
de la couvade in Comptes Rendus Hebdomadaires des Seances 
de la Socie'te de Biologie, Paris, 1899, p. 258. 

In no sense an imitative act of substitution ; for among 
primitive peoples the mother's delivery is not accompanied 
by a confinement. It indicates a realisation of a physical 
but not necessarily blood relation between father and child 
and the obligation upon the father to maintain the child in 
sound health. It is the sign not of a developing patronymic 
system, but of a developing patriarchate. Dargun, Mut- 
terrecht und Vatterrecht, Leipzig, 1892, i., 18-28. 

A practice for the good of the child ; by it the father's 
power of endurance is assured to the child. Starcke, The 
Primitive Family, p. 52. 

An expression of parental sympathy and sense of re- 
sponsibility. Ploss, Das Kind, i., 153-160. 



io2 The Family 

The Origin and Meaning of Teknonymy. 

The father is treated as a stranger until the birth of the 
child. This gives him a status which the new name ex- 
presses. Tylor, On a Method, etc., pp. 248-250. 

Indicative of a transition from matronymy to patronymy. 
The father takes the name of his son and resigns his rank 
and property in the son's favour in order to guarantee his own 
son's instead of his sister's son's inheritance. An instance 
of the fondness of the savage to call himself after any new 
and valued acquisition. Steinmetz, Eth?iologische Studien 
zur ersten Enlwicklung der Strafe, ii., 1 236-1 248. 

The name being in primitive thought a vital part of an in- 
dividual, the parents take the child's name to protect him. 
This renaming of the parents also confirms their mutual 
conjugal ties. Crawley, The Mystic Rose, pp. 431-432. 

The Origin and Meaning of Circumcis t on, Etc. 

A token of tribal membership. Lippert, Die Kultur- 
geschichte, Leipzig and Prag, 1886, ii., 71-72. 

A means, like tattooing, of sexual attraction. Wester- 
marck, The History of Human Marriage, pp. 201—206, also 
pp. 168-182. 

A preparation for marriage, expediting puberty. Mucke, 
Horde und Familie, Stuttgart, 1895, pp. 79-80. 

NOTE C 

Tabulate groups in which parental control is on the whole an 
expression of parental ownership, and groups in which it is on the 
whole a purposive means of education, giving reasons for your 
classifications. Describe in as many cases as possible the treat- 
ment of well-known innovators by their familv. Study the char- 
acter of the agent or agents in mutilation practices. The 
history of hereditary crafts and professions. Describe beliefs 
and practices in various economic and cultural groups in modern 
civilisation indicative of the prevailing type of parenthood. 
Make a comparative study of groups in which couvade or 
sympathetic practices are confined to the birth of the first child. 
Describe animistic notions in groups in modern civilisation in 
regard to pregnancy, birth, and bringing-up in general of children. 



Home Education and Parenthood 103 

Make a comparative study of conjugal abstinence practices 
during pregnancy and lactation period. Make a comparative 
study of mourning rites and tattoos in relation to deceased off- 
spring; of mutilation practices, indicating when possible their 
object. Describe differentiation in home education according to 
sex in groups in modern civilisation. A thorough study of cere- 
monial avoidance in connection with endogamous and exogamous 
marriage rules (follow Tylor's method). 

NOTE D 

Yahgan : 

Parents very fond of offspring x., 331. 

Girls learn at an early age to make baskets, to weave fishing 
nets, to paddle, etc. Little boys lose no time in acquiring skill 
in throwing harpoons and stones, in making harpoons, etc. p. 
171. 

In the lack of surviving husband or wife, eldest son inherits. 

x., 334- 

Both parents take certain precautions in their diet, thinking 
that certain things would injure child. Customary for them to 
rest one or two weeks after the birth, vii., 170. If a suckling 
fall ill, always attributed to a food eaten by mother. For this 
reason she abstains from whale fat. vii., 171 

Parents of a new-born child called Yimbuna. vii., 170 
Central Australians: 

To their children they are with very rare exceptions kind and 
considerate, carrying them when they get tired on the march, and 
always seeing that they get a good share of any food. However 
the native is liable to fits of sudden passion, and in one of these, 
hardly knowing what he does, he may treat a child with great 
severity, pp. 50-51. 

The children go out with the mother and, from the moment 
they can toddle about, they begin to imitate the actions of their 
mother. In the scrub a woman will be digging up lizards or 
honey ants, while close by her small child will be at work, with 
its diminutive pick taking its first lessons in what, if it be a girl, 
will be the main employment of her life. p. 27. 

If a woman eat meat early in pregnancy, the unborn child is 



104 The Family 

supposed to resent it by causing sickness. During first three or 
four months, husband does not kill any large game, otherwise 
sickness or sufferings of mother would be largely increased, p. 

471. 

During part of a boy's initiation ceremonies his mother must 
have no sexual intercourse with his father, otherwise the boy 
would grow up bad, too much given to sexual pleasures, p. 250. 

Circumcision and subincision are practised at initiation, pp. 
213^". A magic ceremony to promote the growth of a girl's breasts 
is practised. After it a girl's mother makes a separate camp for 
her to live in for a time. pp. 459-460. 

An operation called Atna-ariltha-kuma (atna, vulva; kuma, 
cut) is performed on marriageable girls, p. 93. Nose-boring is 
performed on boys, also on girls after marriage, p. 459. A cere- 
mony of knocking out a tooth is performed at various ages upon 
both sexes among groups inhabiting a certain region, called rain 
country, pp. 450-451. 

After the end of the cord falls off, mother swathes it in fur- 
string and hangs it around child's neck. Supposed to facilitate 
growth of child, to avert illness, and to deaden to child the noise 
of the barking of the camp dogs. p. 467. 

Point Barrow Eskimo: 

Affection of parents for their children extreme. Though 
greatly indulged, children are very obedient, p. 417. 

Young children seem to receive little or no instruction except 
what they pick up in their play or from watching their elders, p. 

4i7. 

Girls ' chins are tatooed when they become marriageable. A 
few little girls had a single line on the chin. p. 139. Nearly all 
the women and girls perforate the lobes of the ear for earrings, p. 
142. At puberty the lips of the boys are incised for labrets. p. 
143. 

Behring Strait Eskimo: 

In one case a small ivory carving of a white whale was placed 
in new-born child's mouth, so as to feed him upon something^ 
according to the father, that would make him grow up a fine 
hunter. The shaman sang for half an hour over the boy to make 
him stout-hearted and manly, p. 290. 



Home Education and Parenthood 105 

Boys at puberty wear labrets. p. 48. Women are tattooed, p. 
50. The septum of little girls is pierced and they wear nose 
beads until maturity, p. 52. 

Central Eskimo: 

Children treated very kindly; not scolded, whipped, or sub- 
jected to any corporal punishment, p. 580. 

As a great part of personal property is destroyed at death, 

objects of inheritance are few, — gun, harpoon, sledge, dogs, 

kayak, boat and tent poles of a man, and lamp and pots of a 

woman. The first inheritor is eldest son living with parents, sons 

and daughters in separate households do not share, pp. 580-581. 

After childbirth, mother not allowed for a year to eat raw 
meat or part of any animal killed by being shot through the 
heart. Cumberland Sound: she must not eat for five days any- 
thing except meat of an animal killed by her husband or by a 
boy on his first hunting expedition. She must keep a little skin 
bag hung up near her, into which she must put a little of her food 
after each meal, having first put it up to her mouth. This is 
called laying up food for the infant, although none is given it. p. 
611. 

After death of infant, mother must keep her head covered for 
a year. Boots of the deceased always carried about by parents 
when travelling, and whenever they stop these buried in snow or 
under stones. Neither parent may eat raw flesh during the year, 
pp. 611-612. 

Girls are tattooed when about 12 years old. p. 561. 

Melanesians: 

Lepers' Isl. : Women do not succeed to land, but have a right 
to a share in the produce of their father's gardens, which their 
brothers are considered to hold partly for them. A man's gar- 
den-ground goes to his sons. They arrange the division of it 
among themselves, p. 67. 

Northern New Hebrides: The son does not inherit chieftain- 
ship, but he inherits, if his father can manage it, what gives him 
chieftainship — his father's charms, magic songs, stones and appar- 
atus, and his knowledge of the way to approach spiritual beings, 
as well as his property, p. 56. [See pp. 309-10 for the passing 
of succession by nephews to that by sons.] 



io6 Home Education and Parenthood 

Banks' Isls: Both parents eat only what if taken by the child 
when it is born, would not make it ill. Before birth of first child, 
mother must not eat fish caught by the hook, net, or trap. After 
birth of first child, father does no heavy work for a month. After 
birth of any of his children, he takes care not to go into those 
sacred places into which child could not go without risk. 

Araga: After birth, father must not eat shell-fish or other 
beach produce, for infant would suffer from ulcers. 

Lepers' Isl.: Father very careful for ten days; does no work, 
will not climb a tree, or go far into the sea to bathe, for if he 
exerts himself, the child will suffer. San Cristoval: Father 
lies in after childbirth, pp. 228-229. 

No girl thought marriageable unless tattooed, p. 237. Cir- 
cumcision has been introduced into Pentecost and Aurora, p. 

234. 

Saa: When a new-born infant is eight or ten days old, a 
sacrifice is make to family ghost to provide against misfortune, 
p. 230. 

Ewe-Speaking Peoples: 

A native proverb: Follow the customs of your father. What 
he did not do, avoid doing, or you will harm yourself, p. 263. 

A wife's property passes at her death to her children, p. 216. 

A woman may not admit the male during pregnancy or while 
suckling, p. 206. 

As soon as a child is born a priestess offers sacrifice to the god 
Legba to prevent his harming mother or infant, p. T53. 

Tshi-Speaking Peoples: 

After birth a child has charms bound around it to avert mis- 
fortune, p. 233. 

Yoruba-Speaking Peoples: 

Daughters have no inheritance in their father's house; but they 
divide between them their mother's property. When a man dies 
his sons divide all his property between them. p. 177. 

During lactation period, wife must not cohabit with husband. 

p. 185. 

Seven days after birth for a girl, nine for a boy, sacrifices are 

made. p. 152. 



Home Education and Parenthood 107 

Thompson River Indians: 

Until puberty children allowed to play or do almost as they 
liked, only two restrictions laid on them: made to rise early and 
wash frequently in cold water, and not permitted to play after 
sunset or make too much noise. They were often scared into 
quietness by being told, " The owl will come and take you." p. 
308. Twice during the winter boys and girls had to pass through 
an ordeal called "whipping the children." An elderly man armed 
with a switch would enter the winter-house and invite some one 
to pick berries off the switch. If the older people did not inter- 
fere either by " picking berries" or taking a thrashing, each child 
about the age of eight years and upward had to come forward 
one at a time, dance, sing, and go through the motion of picking 
berries into a basket. If all did this, the flogger went away; but 
if any refused, either through fear or bashfulness, or in order to 
show courage, they had to come forward, and were struck four 
times over the bare back. Sometimes a lad asked for and took 
more than four lashes. Often his whole body was covered with 
blood. He had done a great feat. A boy who was not bashful, 
but went and met the flogger as he came into the house, made a 
speech to him, and holding out his hands, blessed him, was 
generally exempt from the flogging, pp. 309-310. 

A pregnant woman not allowed to touch with her hand or eat 
the flesh of the porcupine, or anything killed by an eagle or hawk. 
If she did her child would resemble them in form, features, or 
habits. If she ate flesh of the hare, the child would have a hare- 
lip. She must not look on when a corpse was being prepared 
for burial; if she did, the navel-string would become twisted 
around the child, like the string tied around the corpse. She 
could eat nothing forbidden to her husband. He must not hunt the 
black or grisly bear, nor eat their meat, else the child would cease 
to exisit in the womb or be still-born. He must not eat or hunt 
porcupine, hare, otter, wolf, coyote, marten, badger. Hunting or 
eating willow-grouse or fool-hen was forbidden, that the child 
might not be foolish. He must not hunt or eat squirrel, else the 
child would cry much when young. He must not kill snakes of 
any kind; if he did, the child would resemble a dead person or 
ghost. Before the birth of the first child, both parents had to 
bathe often in cold water and to sweat-bathe. They had to pray 



108 The Family 

to the Dawn of the Day and sometimes to the Water, pp. 
303-304. 

Formerly after childbirth a woman separated from her hus- 
band 3 or 4 months, now 6 weeks, p. 305. 

Shortly after birth a child's nose was pulled to prevent it 
developing a "pug" nose. Its eyelids were pulled up and down 
that it should have nice, round, open eyes. All parts of the 
body were pulled or rubbed by father or mother so that the limbs, 
etc., should be well formed. As the features were pulled and 
shaped would the child be pretty or ugly. p. 308. 

Immediately after the birth, father fired an arrow into the air 
to prevent the child's navel from swelling. The piece of the in- 
fant's navel string outside of the ligature, after dropping off, was 
sewed up by the mother in a piece of embroidered buckskin and 
tied to the head of the cradle. If this piece were lost, the child 
would in later life become foolish or bad or would be lost hunting or 
travelling, pp. 304-305. The father placed a miniature bow and 
arrows in new-born son's hands, saying, " May you use them well in 
after years, p. 304. A new-born child washed in water in which 
tamarack-bark water had been boiled to make it strong in after 
years, p. 305. 
Kabyles : 

A nursing mother has right to refuse to cohabit with husband if 
she thinks it would injure child, ii., 170. 

Ancient Arabs : 

God instructs you concerning your children; for a male the 
like of the portion of two females. Pt. i., p. 73. 

Ancient Hebrews: 

An angel of the Lord predicted the birth of a son unto the 
wife of Manoah and said, Drink not wine nor strong drink and 
eat not any unclean thing. Judges xiii., 2-14. 

David's child was sick and David besought God for the child. 
He fasted and lay all night upon the earth, ii. Sam. xii., 16. 

Ancient Babylonians : 

An undowered daughter receives the portion of a son. At her 
death it goes to her brother. § 180. An undowered, god-given 
woman inherits one third the portion of a son. After her death 
it belong to her brothers. §181. If a priestess of Marduk, she 



Home Education and Parenthood 109 

may give it to whomsoever she please. § 182. A woman's 
dowry belongs to her children. § 162. 

If a man present field, garden, or house to his favourite son 
and write for him a sealed deed; after the father dies, when the 
brothers divide, he shall take the present which the father gave 
him, and over and above they shall divide the goods of the father's 
house equally. § 165. The children of different wives shall in- 
herit the dowries of their respective mothers and divide equally 
their father's goods. § 167. If a man set his face to disinherit 
his son and say to the judges: "I will disinherit my son," the 
judges shall inquire into his antecedents, and if the son have not 
committed a crime sufficiently grave to cut him off from sonship, 
the father may not cut him off. The father may cut him off only 
for the second offence. §§ 168-169. 

Ancient Hindus : 

One's son must be considered as one's own body. One's 
daughter as the highest object of tenderness, iv., 184, 185. For 
defaming one's son a fine of 100 panas. viii., 275. A man may 
not quarrel with his son or daughter, iv., 180, 181. Casting off 
one's son a minor offence causing loss of caste, xi., 60, 67. Also 
punished by king by a fine of 600 panas. xiii., 389. 

Before the navel-string is cut, the Gatakarman (birth-rite) must 
be performed for a male child; and while sacred formulas are 
being recited, he must be fed with gold, honey, and butter, ii., 
29. The Namadheya (rite of naming) should be performed on the 
tenth or twelfth day or on a lucky lunar day, in a lucky muhurta, 
under an auspicious constellation, ii., 30. In the fourth month 
the Nishkramana (first leaving of the house), in the sixth month 
the Annaprasana (first feeding with rice), should be performed, 
and optionally any other auspicious ceremony required by the 
custom of the family, ii., 34. The Kuddkarman (tonsure) must 
be performed for the sake of spiritual merit by all twice-born men 
in the first or third year, ii., 35. 

Ancient Chinese: 

He who for three years does not change from the way of his 
father, may be pronounced filial, xxviii., 290-291. What his 
parents loved, a filial son will love to the end not only of their 
lives but of his own life, and what they reverenced, he will rever- 



no The Family 

ence. He will do so even in regard to all their dogs and horses 
and how much more so in regard to the men whom they valued, 
xxvii., 467-468. The physic of a doctor, in whose family medi- 
cine has not been practised for three generations at least, should 
not be taken, xxvii., 114. 

For the new-born son of a ruler from all the concubines and 
other likely individuals there was sought one distinguished for her 
generosity of mind, her gentle kindness, her mild integrity, her 
respectful learning, her carefulness and freedom from talkative- 
ness, who should be appointed the boy's teacher; one was next 
chosen who should be his indulgent mother, and a third who 
should be his guardian mother. These all lived in his apartment 
in the palace, xxvii., 473. When the child was able to take its 
own food, it was taught to use the right hand. At six years they 
were taught the numbers and the names of the cardinal points. 
At eight, when going out or coming in at a gate or door, and go- 
ing to their mats to eat and drink, they were required to follow 
their elders; the teaching of yielding to others was now begun; 
at nine, they were taught how to number the days. At ten, the 
boy went to a master outside, and stayed with him even over the 
night. A girl's governess taught her the arts of pleasing speech 
and manners, to be docile and obedient, to handle the hempen 
fibres, to deal with the cocoons, to weave silks and form fillets, to 
learn all woman's work, how to furnish garments, to watch the 
sacrifices, to supply the liquors and sauces, to fill the various 
stands and dishes with pickles and brine, and to assist in setting 
forth the appurtenances for the ceremonies. When a child was 
able to speak, a boy was taught to respond boldly and clearly; a 
girl, submissively and low. xxvii., 477. 

Before his parents, a son may speak of the duty due to parents, 
but not of the gentle kindness due from them, xxviii., 290-291. 

When a wife was about to have a child, and the month of her 
confinement had arrived, she occupied one of the side apart- 
ments, where her husband sent twice a day to ask for her. If he 
were moved and came himself to ask about her, she did not pre- 
sume to see him, but made her governess dress herself and reply 
to him. After the birth, the husband fasted and did not enter the 
door of the side apartment, xxvii., 471. Among the common 
people who had no side chambers, when the month of confine- 



Home Education and Parenthood m 

ment was come, the husband left his bed-chamber, and occupied 
a common apartment, xxvii., 476. 

After the end of the third month a day was chosen for shaving 
off the hair of the child, excepting certain portions, — the horn- 
like tufts of a boy, and the circlet on the crown of a girl, xxvii., 
473. 
People of the United States: 

Municipal laws provide for the educational wants of infants, 

§235. 

All children, sons and daughters, inherit alike. § 273. 



LECTURE VI 



SEXUAL RELATIONS EXCLUSIVE OF MARRIAGE 



Parental care and 
conjugal relations 



Substitutes for 
parents 



Adoption 



Polygynous 
mothers 



ste p- 



THE nature of parental care is plainly and to a 
great extent affected by the nature of con- 
jugal relations. The offspring of transitory sex- 
ual intercourse, for example, will have the care 
of one parent only — often even this will be lack- 
ing. 1 Moreover, even the single parent is unable to 
give as much care to offspring as she or he could do 
if living protected or assisted by a mate. The more 
lasting, harmonious, and devoted the cooperation of 
parents, the greater the chance of survival and devel- 
opment for offspring. 2 It may be well to note again 
at this point, however, a fact that has already been 
referred to in other connections, viz. : In almost all 
societies there are protectors and supporters of the 
young in addition to, or in place of, parents. So- 
called juridical parenthood, which embraces various 
forms of adoption, is, as we shall see later, a not un- 
common fact. Under polygyny, the other wives of 
the father — the step-mothers, so to speak — may care 
for a child in the absence of its natural mother. In 



1 See pp. 46, 47 for infanticide and artificial abortion in case of illegitimate 
offspring. In modern civilisation the death-rate of illegitimate children is 
always higher than that of legitimate, and the number of still-births is greater 
relatively out of than in wedlock. 

2 See p. 45 for infanticide as the result of the death of father or mother or 
of desertion by the father. See pp. 46, 47 for infanticide and abortion as the 
result of jealousy or of spite against a husband. 

112 



Sexual Relations Exclusive of Marriage 113 

case of divorce, or in case the husband live with his Matemaiuin 
wife's kin, the mother's father, brothers, or clansmen 
may wholly or partially take the father's place. 
Under the avunculate, 1 the maternal uncle may un- 
dertake in lieu of the parents the discipline or sup- 
port of the children. Grandparents, elder brothers or Kindred, servants, 

• -1 ii etc - 

sisters, retainers, slaves, servants, etc., may also be 

substitutes. Church or State may under certain cir- church or state 

cumstances substitute for parents. 

In considering physiological facts of parenthood sexuai intercourse 

. . - * . « c r - among lower forms 

we noted the tact that among several species 01 fish onife. 
there is no contact whatsoever between male and 
female. The ova are deposited by the female and 
subsequently fertilised by the male. We also learned 
how important is the viviparous habit in the preser- 
vation of offspring. This depends, of course, upon 
internal fertilisation, and internal fertilisation implies 
contact, however temporary, between male and fe- 
male. Even among a few species of amphibia and 
reptiles male and female remain together after 
the act of propagation. Among birds the pairing Among birds 
season is notably prolonged, lasting from a few 
weeks to two or three months among the lower 
species and for life among many of the higher spe- 
cies. Many birds are polygynous, z. e., mating with 
more than one female at a time. Lifelong union 
is not known among the lower mammals. As a rule, 
couples remain together only during the fixed pairing 
season. Among mammals, again, polygyny is fre- 
quent, although monogamy also occurs, particularly 
among non-gregarious mammals. Evidence about 
the conjugal habits of monkeys and anthropoid apes 

1 See pp. 279-80. 



Among mammals 



ii4 The Family 

is somewhat conflicting, but several species appear 
to mate for prolonged periods. The gorilla, for ex- 
ample, lives in families consisting of a male and 
females, offspring and wives, of various ages. Cer- 
tain anthropoids are also monogamous. Comparing 
these facts with certain facts about parental care 
among animals, we see that there is a marked corre- 
spondence from order to order between extent of 
parental care and duration of sexual intercourse. 
Elimination of a dis- l n comparing the sexual relations of human beings 

tinct pairing season . , • f - i r i i i i • 

among mankind with those of animals, one of the most notable dis- 
similarities is the lack among mankind of a distinct 
pairing season. Periodicity of rut among animals is 
an outcome of natural selection. The rut in all ani- 
mal species is so timed that the birth of offspring 
occurs at that season of the year which is most propi- 
tious to the survival of the offspring of the respective 
species. This provision became unnecessary for man 
as man grew more and more independent of his nat- 

Aiieged traces of a ura l environment. Traces of a fixed human pairing 

^ u a m n a n n pairine season may probably be seen, however, in certain 
communities in the custom of celebrating marriages 
and in the occurrence of a maximum birth-rate at cer- 
tain times of the year. The survival of periodic festi- 
vals at which utter sexual license prevails is another 

Effects of case in point. The suppression of periodicity in sexual 

impulse seems to partly account for the existence 
among mankind of much sexual activity of non-repro- 
ductive character. 1 The elimination of a fixed pairing 
season may also account, in part, for the development 
of permanence in conjugal relations. This whole sub- 
ject, however, needs careful investigation. 

1 Non-reproductive sexual activity exists, but only to a very limited extent, 
among animals. 



elimination 



Sexual Relations Exclusive of Marriage 115 
By marriage we mean the living together of male Definition of 

, r 1 r 1 r • -1 i i • 1 marria K e 

and female after the act of propagation until the birth 
of offspring. 1 Before considering sexual relations 
as thus limited, let us briefly consider those sexual 
relations that are excluded from the definition. Such 
relations affect marriage itself to a greater or less 
extent. 

There is no known human society in which marriage as sexual intercourse 
we have defined it does not exist, but forms of sexual riage S " 
promiscuity occur in many societies together with 
marriage. 

There are few communities in which sexual promis- 
cuity is viewed in the same way for both sexes or for 
the married and unmarried. 

In a few cases absolute chastity is required of un- 
married men, but, as a rule, they are required only to Requirements for 
respect the sexual rights of other men. In many 
groups unmarried girls are also free in sexual matters, ^astitytoterated 
Lack of chastity may not be considered in marrying 
them ; it may be even thought of as a desirable trait 
in a bride, the number of her accepted suitors being 
proof of her charms. Among by far the greater 
number of peoples, however, female chastity before 
marriage is required. Unchastity is punished- by PuniS hment for 
death, mutilation, whipping, exile from family, fines, unchastit y 
etc. Punishment may follow upon the first offense or 
only upon repeated offenses. The demand for chas- 
tity is seen most plainly in the seclusion or sex segrega- 
tion of unmarried women and in marriage contracts. 
After a certain age girls may not be allowed to speak 

1 This is, with a minor change, Westermarck's definition. History of 
Human Marriage, pp. 19-20. It is important for the student to note as well 
various juridical definitions of marriage, i. «?., the forms of sexual intercourse 
that are sanctioned as marriage by particular communities. 



n6 



The Family 



Effect on bride- 
price 



Repudiation of 
hymenless bride 



Betrothal to insure 
chastity 



Intolerance of 
sexual freedom after 
marriage 



Treatment of 
adulterer 



Punishment of 
adulteress 



to or associate in any way with men who are not kins- 
men. They may be restricted from leaving home 
unaccompanied by an elder woman. Taboo upon 
knowledge of sex matters may apply particularly 
severely to girls. (It should be noted of course that 
in many groups such taboos and ceremonial avoidances 
may be wholly or primarily observed for reasons 
other than the preservation of chastity. 1 ) Unchaste 
brides may, in some cases, bring no bride-price, 
or their bride-price may be lower than that of 
chaste brides. If at marriage the bride is found to 
have been unchaste, she may be repudiated and the 
bride-price forfeited. Ceremonial consisting of a dis- 
play of the so-called tokens of virginity, or hymen, is 
common in this connection. The custom of betrothal 
frequently indicates a demand for chastity in brides ; 
chastity may be strictly required of betrothed girls, 
whereas sexual freedom is allowed to the unbetrothed. 
Chastity is, in a few cases, also required of the 
betrothed youth. 

Sexual freedom before marriage may be tolerated 
in groups where after marriage it is severely con- 
demned. This distinction even applies, although to a 
much slighter extent, in the case of married men. The 
adulterer is rarely directly punished for misbehaviour 
to his own wife, but his act is sometimes ground for 
divorce or reprobation. There are, however, no groups 
in which adultery by the wife is not condemned. 2 
The adulteress may be killed, mutilated — cutting off 

'See p. 170. 

2 Note that there are groups, however, where the wife may leave her husband 
for another man at pleasure. The former may have to let her go with or 
without compensation. (Sometimes her second has to pay over to her first 
husband the original bride-price.) 



Sexual Relations Exclusive of Marriage 117 

the nose or ears or hair are common forms of mutila- 
tion or disfigurement, — beaten, sold, imprisoned, given 
over to violation, or divorced. When divorced she Remarriage 
may be given to the seducer with or without payment 
of a fine or the original bride-price, or she may be 
forbidden to marry the seducer. She may be free or 
she may be forbidden to remarry, or her remarriage 
may be optional with the husband divorcing her. Of 
interest here are the methods taken to prevent adultery 
by the wife. Younger wives may be guarded by 
elderly female relatives, by eunuchs, etc. More or less 
complete seclusion from other men may be enforced. 
At marriage a woman may be deprived of her orna- 
ments, her hair may be cut, or certain features veiled 
or disfigured. When the seclusion or sex segregation 
of wi^es is required, acts of a more or less intrinsically 
trivial nature may be interpreted as adulterous, e.g., 
speaking to another's wife, touching her garment, 
associating with her at certain times or places, etc. 

The rapist or seducer may be punished by death, Puni s hmen * of 

r J 1 J » rapist or seducer 

blows, enslavement, exile, fines, etc. He may be 
obliged to marry the unmarried girl, paying a bride- 
price if customary. On the other hand, marriage with 
him may be forbidden. His own daughter or wife 
may be violated in revenue. Violation of a betrothed incase the woman 

. ° is betrothed 

girl may have more serious consequences than that of 

an unbetrothed. No distinction may be made between Distinction between 

. rape and seduction 

rape and seduction based on the unwillingness or 
willingness of the woman, or, if the distinction is made, 
there may be a less severe, if any, punishment for se- 
duction. Where the distinction is marked, an aee, 
sometimes called the age of consent, is usually estab- 
lished below which a seduction is always accounted a 



n8 



The Family 



Violation as theft 



When permitted 



Prostitution 



Segregation ol 
prostitutes 



rape. The degree in which the seduced girl is held 
responsible for her seduction also bears of course upon 
this distinction. She may not be punished at all, or, 
as we have seen in considering unchastity in general, 
she may be whipped, disowned by her family, sold 
into slavery, forced into prostitution, or killed. 

It should be noted here, as in other cases, that the 
punishment for illegitimate intercourse may vary from 
class to class in the same community. The adultery, 
for example, of a wife of a chief may be punished by 
death, whereas the same offense in the wife of a 
commoner may entail only a beating. 

Because of male ownership of daughters and wives, 
ungranted sexual intercourse with them is readily 
viewed as a form of theft. When, on the other hand, 
the consent of the woman's owner is had, there is no 
offense. Defloration by kinsmen, wedding guests, 
priest, or over-lord as a preparatory marriage rite, and 
the lending of daughters or wives in sexual hospitality 
or at festivals, or hiring them out in prostitution, are 
cases in point. 

In many communities, certain women, either because 
they are cast off by their husbands or by male rela- 
tives or because of various other circumstances, are not 
considered the property of one man or group of men. 
They can dispose of their own persons for gain. Except 
in groups where prostitution is tolerated or even en- 
couraged in unmarried women as a means of dowry- 
getting 1 or a source of family income, or, more rarely, 
in married women as a source of profit to their hus- 



1 In certain groups, sexual promiscuity before marriage is so extensive that, 
when accompanied by gifts from the indulged suitors, as frequently happens, it 
is difficult to distinguish it from prostitution proper. 



Sexual Relations Exclusive of Marriage 119 

bands, the prostitute is thought of, as a rule, as more 
or less unmarriageable. In her dress, dwelling-place, 
and opportunities in general for social intercourse she 
is a more or less segregated person and forms a class 
apart. This class may even be recruited through in- 
heritance. Knowledge in modern times of the com- 
municable nature of venereal disease has led several 
European nations to adopt a system of State inspec- 
tion and licensing of prostitutes (" Continental sys- 
tem"). It is important to note the extent of the 
prevailing segregation in studying the attitude of the 
group towards prostitution. 

In so-called temple prostitution women have been Religious prostitu. 
dedicated by their families to a deity to whose priests tlon 
or worshippers they give themselves. (Parenta own- 
ership is seen also in the dedication which leads to 
religious chastity.) Sacerdotal celibacy is frequently 
accompanied by forms of sexual promiscuity and 
sexual license is not uncommon at religious festivals. 

The treatment of children who are classed as illegiti- illegitimacy 
mate, the offspring of non-sanctioned sexual relations, 
is very significant of the group idea of marriage and 
of its attitude towards sexual intercourse exclusive of 
what it accounts marriage. 1 The illegitimate child 
may be killed, deserted (exposed), enslaved, stigma- 
tised in various ways as an outcast, i. e. y deprived of 
name, right to inherit, right to claim support or recog- 
nition of any kind from father, etc. On the other 
hand, the father may be obliged to support it, or it 
may be adopted by the mother's kinsfolk or husband 

1 There are a few exceptions to this, inasmuch as, in some cases, promiscuity 
before marriage is tolerated providing pregnancy does not result, pregnancy 
under these circumstances being considered a flagrant disgrace. 



120 The Family 

it bearing upon and in no way discriminated against. The treatment 
of illegitimates is still more significant for the light 
it throws upon prevailing notions of parenthood. 
The more or less harsh treatment of illegitimate 
children in all communities where illegitimate sex- 
ual intercourse is to any extent condemned, is 
evidence that the highest type of parenthood, or 
the stage in which the child is educated for his own 
sake, is not general. 
Forms of sc-caiied Part-time and term marriages, marriages which are 
marriage excluded dissolved by death or divorce before the birth of off- 

strictly speaking m y 

from our definition spring, including trial or proof marriages which are not 
made permanent, voluntarily and involuntarily child- 
less marriages, are all excluded from our definition of 
marriage. Voluntarily childless marriage we have 
already referred to, 1 marriages dissolved by death be- 
fore the birth of offspring and involuntarily childless 
marriage we need not consider, as other than social 
factors are in such cases of chief weight (barren mar- 
riage will, however, be referred to again as a cause 
for divorce), and the remaining forms of so-called 
marriage we shall discuss when we consider the forms 
and duration of marriage in our acceptance of the 
term. 

NOTE A 

Sexual Intercourse and Marriage among Animals. 

Hellwald, Die menschliche Familie, pp. 22-32, Leipzig, 
1889. 

Darwin, The Desce?it of Man, pp. 220-224. 

A Human Pairing Season. 

Westermarck, The History of Hu?nan Marriage, chap. ii. 

See p. 49 also r>y. 351-2. 



Sexual Relations Exclusive of Marriage 121 

Temporary Forms of Sexual Intercourse. 

Post, Grundriss, etc., i., 17-30. Fa??iilienrechts, pp. 340-364. 

Letourneau,' The Evolution of Marriage and of the 
Family 1 London, 1891, chap. iii. and pp. 56-69. 

Spencer and Gillen, Northern Tribes of Central Aus- 
tralia, chap. iv. 

Schmidt, Jus Prima Noctce, Freiburg im Breisgau, 1881, 
PP- 57-^7. (Religious defloration, etc.) 

Stiles, Bundling, Albany, 1871. 

Ploss and Bartels, Das Weib, i., 539-554. (Prostitution, 
ethnographical data.) 

Johnson, The Social Evil. New York and London, 1902, 
chaps, ii-iv and appendices. (Prostitution : ancient, medi- 
eval, and modern forms.) 

Booth, Life and Labour of the People in London, x. , 1 2 1 - 1 3 2. 
(Prostitution in London.) 

Lea, Sacerdotal Celibacy in the Christian Church, Boston, 
1884, chap. xxi. 

NOTE B 

The Origin of Pre-nuptial Chastity. 

Early betrothal may have led to its demand. Kautsky, 
Die Entstehung derEhe und Familie in J£osmos,xii.,-pip. 333-334. 
The Origin of Religious Chastity. 

In the gift of women to gods. Parsons. The American 
Journal of Sociology, March, 1906. 

NOTE C 

Study the duration of marriage in groups showing traces of a 
fixed pairing season. Make a comparison of juristic definitions 
of marriage. Make a comparative study of seclusion and avoid- 
ance practices for unmarried women, indicating when possible 
the motive or motives for the practice. Describe the same prac- 
tices in modern civilization, likewise existing taboos on instruction 
of girls in matters of sex. Study the history of punishment for 
adultery, noting in particular group participation both in explicit 
condemnation and in actual punishment. Make a comparative 

1 Note that his interpretations are always to be taken with much caution. 



122 The Family 

study of guards against adultery. Analyse the cases of wife- 
" guarding" to be found in modern civilisation and the acts that 
are condemned by public opinion as u improper " or " indiscreet " 
on the part of married women. Give the history of the distinc- 
tion between rape and seduction. Make special studies of special 
points in the treatment of the illegitimate child. (There is no 
adequate history of illegitimacy.) 

NOTE D 
Veddahs : 

Jealousy very strong. Wives and daughters kept away from 
other men. p. 462. Adultery rare. p. 458. Seducer killed by 
husband, p. 463. Sometimes guilty wife too. p. 464. 
Yahgan : 

Girls of 10 to 12 found to be no longer virgin, vii., 188. 
Girls free to act as they like. H. & D. vii., 378. Before a 
child is born, not unusual to see a girl change her husband sev- 
eral times. H. & D. vii., 378. Marriage appears not to be 
thought of as binding before birth of a child. H. & D. vii., 377 
Outside of marriage, jealousy does not occur. H. & D., vii., 379. 

Wife's adultery is often punished by husband, and often en- 
tails a certain amount of public disapproval. H. & D. vii., 378. 
Adulteress and her seducer punished by blows inflicted by hus- 
band or his relatives. Carrying off married women thought 
of as criminal, x., 335. 

Certain unmarried women given to prostitution and to a certain 
degree held in contempt, ib. 
Central Australians : 

If, rightly or wrongly, a man thinks his wife guilty of a 
breach of the laws which govern marital relations, then treat- 
ment of woman marked by brutal and often revolting severity, 
p. 50. If a man wishes to punish wife for supposed un- 
faithfulness, he may go to the Erathipa stone and, rubbing it, 
mutter, " That woman of mine has thrown me aside ; go quickly 
and hang on tightly " ; meaning that the child is to remain a 
long time in the woman, and so cause her death, p. ^^8. Some 
of the people of the Alcheringa do not undergo reincarnation; 
called Orunc/ia, or devil men, mischievous creatures who when 
met out alone in the dark will carry off victims into the earth. 



Sexual Relations Exclusive of Marriage I2 3 

Partly, no doubt, the idea is a creation of men of old to act as a 
wholesome check upon women who might be prone to wander 
away under cover of darkness from domestic hearth, and it does 
undoubtedly act as a strong deterrent to any wandering about 
at night by men and women alike, pp. 327-328. 

To punish a man who has stolen a wife, and who belongs to a 
distant group or to one which is too powerful to allow matters to 
come to an open fight, two men, perhaps former husband and 
another, prepare a special implement of magic. It is sung over 
and left in sun for some days at a secluded spot. Every day 
the men sing to it and request it to go and kill the man who stole 
the woman. " Go straight ; go straight and kill him." A noise 
like a crash of thunder may be heard, or a ball of fire streaking 
across the sky may be seen, and then they know that charm has 
succeeded, pp. 548-549. 

A man may always lend his wife — that is, woman to whom 
he has first right — to another man, provided always he be her 
Nupa without the relationship of Piraungaru existing between 
the two, but unless this relationship exists no man has any right of 
access to a woman, p. 63. During an initiation, two men belong- 
ing to the resident group will determine, without saying anything 
previously to two visiting men, to lend their wives each to one 
of the latter. During the dance these two men will get up from 
the group of men watching dance and each one, taking a fire- 
stick, will give it to his wife, who is amongst the dancers. She 
knows what this means, and retires to some distance. Then the 
two men return to main group and, each going behind man to 
whom he desires to show attention, lifts him up by his elbows 
and informs him of his intention. The exchange or lending is 
merely a temporary one, and in this instance only takes place be- 
tween those who are Unawa to each other, p. 267. When visiting 
distant groups, where, in all likelihood, a husband has no Piraun- 
garu, customary for other men of his own class to offer him loan 
of one or more of their Nupa women, and a man, besides lending 
a woman over whom he has first right, will also lend his Piraun- 
garu. p. 63. During an important corroboree, every day two or 
three women are told off to attend at the corroboree ground, and, 
with exception of men who stand in relation to them of actual 
father, brother, or son, they are, for time being, common prop- 



I2 4 The Family 

erty to all the men present, p. 97. In Urabunna tribe, usual to 
send as messengers, when summoning distant groups, a man and 
a woman, or sometimes two pairs, who are Piraungaru to 
each other. After men have delivered their message, they 
take the women out a short distance from camp, where 
they leave them. If the members of the group decide to 
comply with their request all men, irrespective of class, 
have access to the women, otherwise the latter are not 
visited. Similarly, when a party of men intent on vengeance 
comes near to the strange camp of which they intend to kill 
some member, the use of women may be offered to them. If 
they be accepted, then the quarrel is at an end, as acceptance of 
this favour is a sign of friendship. To accept favour and then 
not to comply with desire of people offering it would be a 
gross breach of tribal custom, pp. 97-98. 

When a girl arrives at marriageable age, man to whom she has 
been allotted speaks to his Unkulla man, and they, together 
with men who are Unkulla and Unawa to girl, but not including 
her future husband, take her out into the bush, and there per- 
form operation called Atna-ariltha-kuma {atna, vulva ; kwna, 
cut). When the operation has been performed the men have 
access to her. The bride's head is decorated with headbands 
and tufts of the tail tips of the rabbit-bandikoot, the neck with 
necklaces, the arms with bands of fur string, and her body is 
painted all over with a mixture of fat and red ochre. She is then 
taken to the camp of her special Unawa. On the day following 
the husband will most likely, though there is no obligation for 
him to do so, send her to the same men, and after that she 
becomes his special wife, to whom no one else has right of 
access, pp. 92-93. 

Point Barrow Eskimo : 

Promiscuous sexual intercourse between married or unmar- 
ried people or even among children appears to be looked upon 
simply as matter for amusement, p. 419. At Repulse Bay at 
certain times there is a general exchange of wives throughout the 
village, each woman passing from man to man till she has been 
through hands of all, and finally returns to her husband, p. 413. 
In one case a man borrowed his cousin's wife to go deer-hunting 
with him, as she was a good shot and a good hand at deer- 



Sexual Relations Exclusive of Marriage 125 

hunting, while his own wife went with his cousin on a trading 
expedition. On their return the wives went back to their respec- 
tive husbands, p. 413. When a couple are more pleased with 
their new mates than the old, exchange is made permanent. 

P- 4i3- 

Behring Strait Eskimo : 

During " asking " festival any man had a right to ask an un- 
married woman to spend the night with him. p. 360. Frequently 
a man enjoys rights of a husband before living regularly with 
woman he takes for a wife, unmarried women being considered 
free to suit themselves, p. 292. 

A husband may beat an unfaithful wife. He rarely avenges 
himself on man concerned, p. 292. 

Common custom for two men living in different villages to 
enter into a covenant of brotherhood. The host then lends 
his wife to the visiting brother, and neither family knows who 
is the father of the children, p. 292 

Central Eskimo : 

A man may lend his wife to a friend for a whole season or even 
longer, and men exchange wives in sign of friendship, p. 579. 
Visiting strangers receive a wife if host happens to have more 
than one. p. 581. 

At the autumn religious festival held to drive away evil spirits 
men and women are paired indiscriminately' and for a day and 
night live in hut of woman as man and wife. p. 605. 

Wyandots : 

A maiden guilty of unchastity may be punished by mother or 
female guardian, but if crime is flagrant and repeated so that it 
become a matter of general gossip and mother fails to correct it, 
matter may be taken up by clan council women, p. 66. 

An adulteress for first offense has her hair cropped, for re- 
peated offenses her left ear cut off. p. 64. 

Melanesians : 

The giver of a feast, one of the great men, decides whether or 
not sexual license is to prevail, p. 27. New Hebrides : An al- 
lowed custom for men to carry off women who listen to singing at 
an initiation into the secret society of gafu, and ravish them. p. 87. 



126 The Family 

Probably no place in which common opinion approves the in- 
tercourse of unmarried girls and youths, though it allows it as a 
thing to be expected and excused, p. 23. In every island female 
chastity depended more or less upon whether family was consid- 
ered respectable or not. pp. 236-237. Saa : A girl of a chief's 
family, if found pregnant, would be killed unless her paramour 
could pay enough for her to become his wife. p. 235. Virginity 
lacking, groom's friends will not pay what they promised, p. 239. 
Florida : A newly-married husband would often beat his wife to 
make her confess who her lover had been before marriage. In 
this circumstance and when husband observes that wife avoids a 
given man (indicating that he has been her lover) he demands 
money from him, and when that is paid, no more notice taken ot 
matter. If money were refused, a quarrel would follow, pp. 
242-243. Bastards generally very rare. 

Formerly adulterer punished by death, but punishment very 
generally mitigated on payment of a fine. Saa : Adulteress 
dismissed and paramour punished with death, exile, or fines. 
Friends of husband and paramour will often fight about 
damages to be exacted. Banks' Isls. and Northern New He- 
brides : Man shot or clubbed by husband or friends in first 
indignation and wife beaten, scolded and threatened with death, 
but compromise very generally effected by payment of money 
and pigs. p. 243. Motlav : Believed that a man given to 
adultery — among other crimes — is not allowed to enter Panoi, 
Paradise, p. 274. 

Little doubt that sexual hospitality once common everywhere. 
Denied that it is now practised in Solomon and Banks' Isls. Not 
denied in Northern New Hebrides, p. 24. 

Florida : For adultery or fornication within kin division, a 
woman would be appropriated by the chief. She lived in one of 
his houses and most of her earnings would be his. She was not 
particularly despised, but no one would go near her or talk to her 
without cause. When she had accumulated porpoise teeth and 
money she would be allowed to marry. Wango : Girls got 
money privately before marriage by prostitution ; also a class of 
unmarried girls and widows as prostitutes. Saa : A girl not of 
a chief's family might become a prostitute if not married by her 
lover. Sometimes a man allows his daughter to become a prosti- 



Sexual Relations Exclusive of Marriage 127 

tute to gain money. But such a one is thought a low character 
and will have little given for her if she is married. Santa Cruz 
Isls. : Public courtesans. Banks' Isls. and Northern New Heb- 
rides : Public prostitutes unknown, pp. 235-236. 

Ewe-Speaking Peoples : 

Penalty for seduction the payment of amount of head-money 
that would have been demanded, and marriage ; or a heavy 
fine without marriage, with alternative of enslavement. If woman 
seduced be a slave, seducer must pay a fine to her owner. If 
seducer be a slave, his owner must always pay compensation to 
girl's family, and if it be a family of rank, slave-seducer ordi- 
narily put to death, p. 202. If tokens of virginity are found 
wanting, a bridegroom may repudiate bride and recover from her 
family his head-?noney. p. 201. 

In theory adultery punished by death ; but all capital crimes 
may be compromised by persons of wealth by paying indemnities, 
p. 223. Prior to 1818 Amazon army of Dahomi being made up 
chiefly of criminals, adulterous wives drafted into it. p. 183. In 
Dahomi, adultery is, in theory, punished by death or slavery. 
Among other tribes, except in extreme cases, by fine, chiefs hav- 
ing the privilege, rarely exercised, of putting to death. Fine 
varies according to husband's rank. If paramour cannot pay, 
husband may enslave him. If he be a slave, husband recovers 
from his owner, and if wife be a woman of rank slave-paramour 
put to death. If husband agree, paramour may take adulterous 
wife, refunding to husband head-money and all expenses incurred 
in her behalf, pp. 202-203. An offense punishable by fine to praise 
beauty of another man's wife, it being considered adultery by 
implication, p. 204. 

Wife-lending practised and wife has no right to refuse, p. 202. 

Most gods have women consecrated to their service as " wives." 
Their chief business is prostitution. God Khebioso said to have 
1500 in Dahomi alone, p. 38. God Danh-gbi has proba- 
bly 2000. Married to him secretly in his temple, the priests 
consummating union, p. 60. In Dahomi estimated that every 
fourth woman is in service of gods. p. 139. In every town at 
least one religious institution in which best-looking girls, between 
10 and 12, received. Remain 3 years prostituting themselves to 
priests and inmates of male seminaries, at end of novitiate be- 



128 The Family 

coming public prostitutes, not confining themselves, except theo- 
retically, to male worshippers in temples. In Dahomi distinction 
between female servants of temple or priestesses and temple 
prostitutes (Kosio). Latter obliged to confine themselves to cer- 
tain localities ; pay an annual tax to king ; price of their favours 
fixed by law and very small, p. 141. Vodu-vio, god-claimed chil- 
dren, may marry, but their husbands may not punish them for 
excesses when they are god-inspired, p. 142. Married women 
as well as others may simulate possession by god Danh-gbi 
being forbidden during novitiate to enter their husbands' houses, 
pp. 148-149. 

Tshi-Speaking Peoples : 

Violation of mere children by men is only too common on the 
Gold Coast, p. 94. Family tutelary deities the special protectors 
of chastity of girls before puberty. Family deity appoints a 
spirit to walk behind each girl. At puberty its duties end. Bar- 
renness commonly believed to be due to sexual intercourse before 
puberty, p. 94. An unmarried girl expected to be chaste because 
virginity possesses a marketable value. Were she unchaste her 
parents would receive little or perhaps no head-money for her. If 
groom discovers that bride has been unchaste he can repudiate 
her and recover head-money and marriage expenses, pp. 286, 282. 
A seducer of a virgin compelled to marry her, or, if her parents 
will not consent, to pay amount of head-money. In latter case, 
her marketable value having been received, any excesses on her 
part overlooked, p. 286. 

Adulterous wife punished by beating by husband, p. 201. 
Paramour fined or, if unable to pay, enslaved. If a slave, his 
owner must pay fine. In Ashanti a chief has right to put to 
death an adulterous wife. This right seldom exercised except 
where paramour is a slave in the house. Usual for husband to 
allow her family to redeem her. When wife belongs to too pow- 
erful a family to admit of husband putting her to death, in an 
extreme case he usually cuts off her nose. pp. 282-283. Paramour 
may with husband's consent keep the woman, paying original 
head-money and all expenses incurred for her before and after 
marriage. Woman then cannot separate from her second husband 
before paying him this sum. If she die, her family become re- 
sponsible for it. They may substitute another woman upon 



Sexual Relations Exclusive of Marriage 129 

whom debt devolves, pp. 283-284. A husband suspicious of wife's 
fidelity obtains from priest certain mystical leaves which he mixes 
in water in his wife's presence. She has to dip her hand into 
this and then plunge it into boiling oil. If guilty, she is scalded. 
Accused woman may also be taken before a priest who gives 
her a decoction of odum wood to drink. This draught supposed 
to have power of bursting her belly if she be guilty, p. 201. 

Wife-lending practised. Wives of chiefs frequently instigated 
by their husbands to intrigue with other men that husbands may 
profit from resulting fine or enslavement. This was a common 
mode of entrapping youths for the slave trade, pp. 286, 282-283. 

Priests marry, but priestesses do not, for they belong to the 
gods they serve. But they are unrestricted in sexual intercourse. 
A priestess may send for any man she fancies to live with her and 
he does not dare refuse her. Some have as many as six in their 
train at once. pp. 121-122. 

Yoruba-Speaking Peoples : 

" Tokens of virginity " carried to bride's parents by a relation 
of groom, pp. 153-154. Virginity in bride only of paramount 
importance when a girl has been betrothed in childhood, p. 154. 
Then lack of it is ground for repudiation, groom sending a few 
broken cowries to her mother. Her family must return bride- 
price and presents. More usual for a compromise to be effected. 
Unless betrothed or married, a girl can lead any life she choose 
without incurring reproach or injuring her marriage prospects. 
Most girls have lovers in secret, pp. 183, 184, 185. 

Adultery in a wife is punishable by death or divorce; but as a 
rule husband beats her and recovers damages from paramour. 
In extreme case when the husband is a man of rank he some- 
times puts both to death, p. 186. 

Men sometimes lend their wives to guests and friends, more 
frequently their concubines, p. 182. 

On feast days of Odudna, goddess of love, women abandon 
themselves indiscriminately to male worshippers at her temple at 
Ado. p. 43. At annual festival of Orisha Oko, god of fertility, 
priestesses abandon themselves indiscriminately to male worship- 
pers and theoretically every man has a right to sexual intercourse 
with every woman he may meet abroad. Practically this applies 



130 The Family 

only to slave girls or women of lowest order and then only with 
their consent, p. 78. 

Thompson River Indians : 

The man who cut or loosed one string of the lacing which cov- 
ered a maiden's breast, cut her breech cloth or lay down beside 
her, had to marry her ; and she at once became his recognised 
wife without further ceremony, p. 324. 

Constancy in woman highly valued and expected by a man of 
his wife. When a woman committed adultery for first time or 
thought to have done so, her husband cut off one braid of her 
hair close to her head. This made her a mark of ridicule to all 
the tribe and she was greatly ashamed. If she did so again, her 
paramour generally shot by husband, and she herself either killed 
or divorced, p. 326. 

Kabyles : 

Pregnancy of unmarried girl, of widow or woman seeking 
asylum with parents considered a family disgrace and public 
misfortune. Father fined and woman stoned. Tikichowt. If 
a man has relations with a girl in her father's house and then 
marries her, father fined 10 reals and an ox. iii., 77. Ait 
Mahmoud. A woman becoming pregnant without being married, 
put to death. If her relatives refuse to allow this, they are fined 
50 reals. He who has intimate relation with his wife before he 
has solemnly conducted her to his home, pays to village a fine 
equal to thdmamth. If he enters the woman's house unauthorized 
by her relatives, he pays 5 reals, iii., 433. Ait Flik. If a woman 
becomes pregnant out of wedlock, her relatives ought to kill her. 
They are not subject to fine for doing so. iii., 435. 

Akbil, village of Agouni-n-Tesellent. He who kills a man hav- 
ing relations with his wife, daughter, sister, aunt, etc., pays no fine. 
But among many tribes although a man may be forced either to 
pay fine falling upon an adulterous wife or to repudiate her, yet 
if he kills seducer he is subject to the rek'ba. Certain tribes, 
however, have suppressed the rek'ba in this case and substituted 
the dia, or composition money for it. Village council in some 
cases exiles seducer. In some fines him. Seubkha fine him 20 
reals and he has also to pay 400 to husband. Husband may kill 
guilty wife, but seldom done. In important families she is re- 



Sexual Relations Exclusive of Marriage 131 

turned ignominiously to her family, but as a rule husband allows 
her to remarry and receives thdmamth from her new possessor, 
iii., 74-75. Ait-el- Ader. Seducer pays husband whatever latter 
exacts. Ait Yala. Property of seducer confiscated by village 
council, which retains 40 reals and gives rest to injured husband. 
Cheurfa, etc. Seducer pays 500 reals to husband to be allowed 
to marry woman and leaves the country with her. iii., 89-90. 
Akbil, etc. For adultery in time of war, a fine of 100 reals and 
exile for one year, in time of peace 50 reals and exile for one 
year. If a man's wife commit adultery and he for revenge, 
commit adultery with wife of seducer, he is fined 100 reals, iii., 

Ait Yala. The rapist pays father value of thdmamth and village 
council a fine of 25 douros. In case of rape value of thdmamth 
almost always forfeit to father. Subsequent marriage generally 
prohibited between rapist and girl, iii., 80-90. Ait Aissa. He 
is obliged to marry her, giving thdmamth that she is worth, iii., 
405. Cheurfa, etc. He who violates or attempts to violate a woman 
pays 30 reals, if woman consents 5 reals. If he carries her off, 
he pays 30 reals to her proprietor and is fined 10 reals, iii., 1^. 
Illiten, village of Tifilkout. He who violates a woman pays a fine 
of 100 reals and his house is torn down. If woman has consented, 
each pays 100 reals, iii. 430. 

Ancient Arabs : 

Against those of your women who commit adultery, call wit- 
nesses four in number from among yourselves, and if these bear 
witness, then keep the women in houses until death release them, 
or God shall make for them a way. iv., 19. But whosoever of 
you cannot go the length of marrying marriageable women who 
believe, then take of what your right hands possess, of your 
maidens who believe ; — though God knows best about your faith* 
. . . Then marry them with the permission of their people 
and give them their hire in reason, they being chaste and not for- 
nicating, and not receivers of paramours. . . . But when they 
are married, if they commit fornication, then inflict upon them 
half the penalty for married women, that is for whomsoever of 
you fears wrong; but that ye should have patience is better for 
you, and God is forgiving and merciful, iv., 29-30. O ye who 
believe ! it is not lawful for you to inherit women's estates against 



*3 2 The Family 

their will; nor to hinder them [from marrying again], that ye may 
go off with part of what ye brought them, unless they commit 
fornication, iv., 22. 

Ancient Hebrews : 

Simeon and Levi, Jacob's sons, kill all the men of the city of 
Shechem because Shechem had violated their sister. They were 
not placated by his desire and offer to marry her, giving never so 
much dowry and gift for her. Gen. xxxiv. Tamar had been 
married successively to Judah's two sons. Judah had instructed 
her to live in her father's house as a widow until the third son 
might be of an age to marry her. While there he hears that she 
is pregnant and he says : Bring her forth and let her be burnt. 
Gen. xxviii. 

Thou shalt not commit adultery. Ex. xx., 14. Also Lev. xviii, 
20. The adulterer and the adulteress shall surely be put to death. 
lb. xx., 10. Also Deut. xxii., 22. 

Gilead begat Jephthah by a harlot. And Gilead's sons by his 
wife thrust out Jephthah, and said unto him, Thou shalt not 
inherit in our father's house ; for thou art the son of a strange 
woman. Judges xi., 1-2. King David committed adultery with 
Bathsheba, Uriah's wife. But this thing displeased the Lord, and 
he struck the child that Bathsheba bare unto David, and it died. 
2 Sam. xi., 4, 27; xii., 15, 18. 

Absalom kills his half-brother Amnon for having violated his 
sister Tamar. 2 Sam. xiii., 32. If any man take a wife, . . . and 
hate her, and give occasions of speech against her, and bring up 
an evil name upon her, and say, I took this woman, and when I 
came to her, I found her not a maid : then shall the father of the 
damsel, and her mother, take and bring forth the tokens of the 
damsel's virginity unto the elders of the city in the gate: . . . 
And they shall spread the cloth before the elders of the city. And 
the elders of that city shall take that man and chastise him ; and 
they shall amerce him in an hundred shekels of silver and give 
them unto the father of the damsel, because he hath brought up 
an evil name upon a virgin of Israel ; and she shall be his wife; 
he may not put her away all his days. But if this thing be true, 
and the tokens of virginity be not found for the damsel : then 
they shall bring out the damsel to the door of her father's house, 
and the men of her city shall stone her with stones that she die, 



Sexual Relations Exclusive of Marriage 133 

because she hath wrought folly in Israel, to play the whore in her 
father's house : so shalt thou put evil away from among you. 
Deut. xxii., 13-21. If a damsel that is a virgin be betrothed unto 
an husband, and a man find her in the city and lie with her; then 
ye shall bring them both out unto the gate of that city, and ye 
shall stone them with stones that they die; the damsel, because she 
cried not, being in the city ; and the man, because he hath 
humbled his neighbour's wife : . . . But if a man find a betrothed 
damsel in the field, . . . the man only shall die, . . . the be- 
trothed damsel cried, but there was none to save her. ... If 
the virgin be not betrothed, then the man shall give unto her 
father 50 shekels of silver, and she shall be his wife ; because he 
hath humbled her, and he may not put her away all his days. lb. 
xxii., 23-29. If the maiden is a bondmaid, betrothed to an hus- 
band, and not at all redeemed, nor freedom given her, she shall 
be scourged ; they shall not be put to death, because she was not 
free. Lev. xix., 20. If a man entice a maiden that is not be- 
trothed, ... he shall surely endow her to be his wife. If her 
father utterly refuse to give her unto him, he shall pay money 
according to the dowry of virgins. Ex. xxii., 16-17. If tne 
daughter of a priest profane herself by playing the whore, she 
profaneth her father; he shall be burnt with fire. Lev.xxi,Q. When 
Judah saw his daughter-in-law Taraar sitting by the way- 
side wearing a veil he thought her to be a harlot ; because she 
had covered her face. He offered her a kid from the flock for 
entertaining him. Gen. xxxviii., 14-21. See Deut. xxiii., 17-18 
Samson visits a harlot of the Gazites. Judges xvi., 1. 

Babylonians : 

If the wife of a man be taken in lying with another man, they 
shall bind them and throw them into the water. If the husband 
would save her, or if the king would save his male servant (he 
may). § 129. If a man accuse his wife and she has not been 
taken in lying with another man, she shall take an oath in the 
name of god and she shall return to her house. § 131. If the 
finger have been pointed at the wife of a man because of another 
man, and she have not been taken in lying with another man, for 
her husband's sake she shall throw herself into the river. § 132. 

If a man force the (betrothed) wife of another who has not 
known a male and is living in her father's house, and he lie in her 



i34 The Family 

bosom and they take him, that man shall be put to death and that 
woman shall go free. § 130. 

Ancient Hindus : 

Defiling a damsel is a minor offense causing loss of caste, xi., 
62, 67. If any man through insolence forcibly contaminates a 
maiden, two of his fingers shall be instantly cut off and he shall 
pay a fine of 600 panas. A Brahmana violating an unwilling, 
guarded Brahmani shall be fined 1000 panas. viii., 367, 378. A 
man of equal caste defiling a willing maiden shall be fined 200 
panas to deter him from a repetition of the offense. In case of 
a Brahmana and a willing Brahmani, he shall be fined 500 panas. 
viii., 368, 378. He who gives a damsel in marriage, having openly 
declared her blemishes — insanity, leprosy, loss of virginity,— is not 
liable to punishment, viii., 205. Otherwise he shall be fined 96 
panas by the king. The bridegroom may repudiate the bride if 
not forewarned of her blemishes, ix., 72-73. The nuptial texts are 
applied solely to virgins, for females who have lost their virginity 
are excluded from religious ceremonies, viii., 226-227. 

Adultery is a minor offense causing loss of caste, xi., 60, 67. In 
this world there is nothing so detrimental to long life as criminal 
conversation with another man's wife, iv., 134. An adulterer will 
have swellings of his limbs, xi.,52. For adultery with the wife of a 
guru (Veda teacher) and failure to perform the prescribed penance, 
a man shall be branded on the forehead with the mark of a female 
part by the king and cast off by his relatives, ix., 237, 239. The 
violator of a guru's bed enters a hundred times the forms of grasses, 
shrubs, and creepers, likewise of carnivorous animals and of 
beasts with fangs and those doing cruel deeds, xii., 58, 60. Men 
who commit adultery with the wives of others, the king shall cause 
to be marked by punishments which cause terror, and afterwards 
banish. For adultery causes a mixture of castes. A man who is 
not a Brahmana ought to suffer death for adultery; for the wives 
of all the four castes even must always be carefully guarded. 
Adulterous acts are addressing another man's wife at a Tirtha, 
outside the village, in the forest, or at the confluence of rivers, 
offering her presents, touching her ornaments and dress. A man 
formerly accused of adultery, who secretly convenes with another's 
wife, shall pay the minimum fine. No man shall converse with 
the wives of others after he has been forbidden to do so, on pen- 



Sexual Relations Exclusive of Marriage 135 

alty of a fine of one suvarna. This rule does not apply to the 
wives of actors and singers, nor of those who live on the intrigues 
of their own wives, viii., 352-362. " Let mutual fidelity continue 
unto death," this is the epitome of the highest law for husband and 
wife, ix., 101. Also 102-103. He in whose house a paramour of his 
wife resides, the son of an adulteress, the son of a widow, the son 
of a remarried woman, he who eats food given by the son of an 
adulteress, must be avoided, iii., 155-156, 158, 161. An adulterous 
wife throws her guilt on her negligent husband, viii., 317. For 
killing adulterous women of the four castes, a Brahmana must 
give, to purify himself, to a Brahmana, respectively, a leathern 
bag, a bow, a goat, or a sheep, xi., 139. An exceedingly corrupt 
wife let her husband confine to one apartment and compel her to 
perform the penance which is prescribed for males in cases of 
adultery, xi., 177-178. She who cohabits with a man of higher 
caste, forsaking her own husband who belongs to a lower one 
will become contemptible in this world, v., 163. 

Libations of water shall not be offered to women who through 
lust live with many men. v., 90. A Brahmana may not accept 
presents from those who subsist by the gain of prostitutes. Food 
accepted from harlots excludes him from the higher worlds, iv., 
84, 219. Clever harlots are among those to be punished by the 
king, ix., 259. 

Ancient Romans : 

For seduction, without violence, of a virgin or widow of good 
morals, a penalty on persons of honourable condition of confisca- 
tion of half their property ; for persons of low estate, corporal 
punishment and banishment to a fixed place ; for the violation of 
a married woman, death. J. iv.,xvm., § 3. A respectable woman 
who has been persistently followed, or against whom rape has 
been attempted, may bring either a criminal or civil action for 
outrage in her own name. Her father and husband who are held 
also to have suffered outrage may also sue in their own right. J. 
iv., w. t § 2, § 10. 

French: 

308 (z). A wife against whom a separation from bed and board 
has been decreed on account of adultery shall be sentenced by 
the same judgment and upon the requisition of the Public Prose- 



13 6 The Family 

cutor to imprisonment in a House of Correction during a stated 
time, which shall not be less than three months and shall not 
exceed two years. 229, 230. Husband or wife (1884) may sue 
for a divorce on account of adultery. 

314. A child born before the one hundred and eightieth day 
since the marriage cannot be disowned by the husband in the 
following cases : 1. If he had knowledge of the pregnancy before 
the marriage ; 2. If he was present when the certificate of birth 
was drawn up, and if such certificate is signed by him or contains 
his declaration that he does not know how to sign ; 3. If it is 
declared that the child cannot live. 331. Children born out of 
wedlock, other than those born of incestuous or adulterous inter- 
course, can be legitimated by the subsequent marriage of their 
father and mother when the latter have lawfully acknowledged 
them before the marriage, or when they acknowledge them in the 
certificate of celebration. 

People of United States 

Concealment of previous unchastity does not invalidate a mar- 
riage. Concealment of pregnancy by another man at the time of 
marriage may do so. § 23. 

In divorce for adultery American policy treats both sexes alike. 
§ 220 b. Husband who kills wife or paramour m flagrante delicto 
guilty only of manslaughter. § 45, N. 5. 



LECTURE VII 

THE FORM AND DURATION OF MARRIAGE 

MARRIAGE may exist between one male and one Forms of Marriage 
female (monogamy), between one male and 
two or more females (polygyny), between one fe- 
male and two or more males (polyandry) — each 
husband may also have more than one wife, — and be- 
tween a group of males and a group of females 
(group-marriage). 

Among the lower animals sexual intercourse, Among animau 
whether lasting or not until the birth of offspring, is 
usually between one male and one female ; but, as we 
have seen, among many mammals and some birds 
polygyny is found. Polyandry is very rare. Very 
little is known in detail about the matrimonial habits 
of animals lower than man. We shall therefore turn 
at once to the forms of human marriage. 

In group-marriage the men are or are considered Group-marriage 
kinsmen, and the women kinswomen. (Where the 
common wives are not akin, the marriage is usually 
referred to as a polygynous type of polyandry.) 
Group-marriage is, as a rule, combined with indi- combined with 

. , individual marriage 

vidual marriage — i. e. y intercourse between one woman 
and one man may be usual, and intercourse with the 
other group-husbands or wives only occasional. 

In both polygyny and polyandry there may be a subordination m 

V JSJ J , . 111 polygynyaxxl 

subordination among the wives or husbands to a polyandry 

137 



38 



The Family 



Concubinage 



Concubinage in 
legal sense 



Causes 



Determination of 
rank of wives or 
concubines 



Superseding of 
superior wife 



Kinswomen or 
slaves as supple- 
mentary wives 



superior wife or husband. In this event the system 
is frequently known as female or male concubinage. 
Where this distinction is made in polygyny, the posi- 
tion of the so-called concubine is always inferior to that 
of the wife. In this sense, in the monogamous system 
of modern civilisation, cohabitation without marriage 
ceremonial is also called concubinage. Economic, 
political, or age inequalities or disabilities may, in a 
monogamous system, lead to concubinage taken in this 
sense. This non-legal relation is, however, from our 
point of view, a marriage relation. We shall also use 
the term wife, instead of concubine, in referring to all 
the women in a polygynous marriage. Rank among 
the wives is variously determined. The superior wife 
is commonly the first or the eldest wife ; less com- 
monly, the lastly-acquired wife. She may also be the 
one, as we have seen, for whom a bride-price 
has been paid in distinction to the wives who 
have been otherwise acquired. She may be of 
equal rank with her husband, whereas the other 
wives are of inferior rank. The fact of having 
borne children also affects the rank of wives. 1 The 
first place may be accorded the wife who has 
first borne a child. Again, the husband's will may 
alone determine the rank of his wives. More com- 
monly, however, his preference interferes with a cus- 
tomary subordination. In some cases, if the superior 
wife fail in the proper performance of her duties, she 
may be superseded by an inferior wife. Sometimes 
a woman's younger sisters or female cousins accom- 
pany her as supplementary wives. Sometimes she 
owns female slaves whom she herself presents to her 

1 See p.229. 



The Form and Duration of Marriage 139 
husband. The number of wives may be restricted or Number of wives 

J restricted according 

unrestricted. In the former case, the number may to different classes 

vary for different classes in the same community. 

The taking of a second wife may require the consent Toleration of 

J x bigyny under 

of the first, or it may be allowed only when the first special conditions 
wife is barren, or has borne daughters only, or has 
misbehaved, or is diseased. 

Each wife may or may not have her own dwelling 
or, in case of a common dwelling, her own fireplace. 
The wives may even live in different villages, or, 
among insular peoples, on different islands. Their 
common husband may, where they live separate, live 
with each in turn, or he may live with the head-wife 
and merely visit the others as his business or fancy 
take him to the places where they live. 1 

In Nair 2 polyandry, the wife lives with her mother Forms of polyandry; 
and male kinsfolk, and is visited in turn by her hus- 
bands. In Thibetan polyandry, the husbands are Thibetan 
brothers. The wife is commonly thought of as 
belonging to the eldest brother. She is loaned by 
him to the others, who live with him. This is prop- 
erly a form of male concubinage. Sometimes a 
younger brother will act as a supplementary husband 
in the absence of the husband proper, his elder 
brother. The covenant of brotherhood sometimes sexual hospitality 
leads to practical polyandry as a developed form of brotherhood 
sexual hospitality. Through the practice of child- Fatheraon 
marriage, where the husband is a child and the wife polyandry 
an adult, her father-in-law may live with her until his 
minor son is grown. Properly speaking, this is prob- 
ably not a polyandrous arrangement ; it is rather an 

1 See p. 223. for fuller discussion of relation of wives in polygyny. 

9 Named from the caste of that name living on the Malabar coast of India. 



140 The Family 

unstable form of monogamy, as father and son are 
probably not the husbands, of the same woman at the 
same time. Accounts are uncertain on this point, 
co-existence of It should be noted that, as in the case of a limit- 

marr'iTgV ' 1118 ° f tation of polygyny, more than one form of marriage 
may exist in the same community at the same time. 
Polygyny, for example, may be a prerogative only of 
the chiefs or rich men of a group, 
causes of polygamy Numerical disproportion between the sexes, due to 
female infanticide, religious celibacy, constant war- 
fare, an excess of male births, special economic con- 
ditions — e. g., absence of men on hunting or trade 
expeditions, etc., is a factor in polygamy. Customs 
of conjugal abstinence at stated periods and desire 
for children are also factors. Economic inequality is, 

Primacy of *■ ■ J J 

economic inequality however, the chief factor of polygamy. In the many 
communities where a chattel character attaches to 
women, inequality in possessions means inequality in 
the number of wives, wives being classed among the 
most valuable forms of private property. Plurality of 
wives may also indicate social importance in com- 
munities where other forms of economic inequality 
are not especially marked. In polygynous commu- 
nities, therefore, there is a tendency for the poorer 
people — i. e. y the great majority of the people — to be 
monogamous. Poverty and a high market price for 
wives may also lead to polyandry. 

Termination of Marriage terminates through death or separation. 

marriage . . • • i i r 

In some communities marriage is thought of as con- 
widow-immoiation tinuing after death, and widows are expected to 
accompany their husbands to the world of spirits. In 
other cases, widows are not allowed to remarry. Again, 
their families or second husbands may be obliged to 



The Form and Duration of Marriage 14 1 

give the original bride-price or a stated amount of 
property or fine (reipus) to the heirs of the deceased 
husband at their remarriage. A period of mourning widow-mouming 
is prescribed for widows in almost all communities, 
and during this period remarriage is forbidden or 
condemned. A mourning period for widowers, dur- 
ing which remarriage is disapproved, is a more infre- 
quent practice. 

Duration of marriage in the lifetime of the married T he relation be- 
persons seems, to a great extent, to be dependent up- S^Sw? '"T and 
on its form. Where monogamy prevails, it is often marriage 
accompanied by forms of promiscuity or by readily 
obtained divorce. Polygamy satisfies, to a certain 
extent, the desire for variety to which transiency of 
sexual relationship is often due. In this connection 
Sir John Lubbock makes an enlightening distinction 
between lax and brittle marriage. Where an endur- 
ing form of marriage is prescribed, marriage tends to 
be lax — i. e. } polygamous or accompanied by promis- 
cuity ; where separation is more or less optional, it 
tends to be brittle. 

Incidentally, let us note here, in illustration of the Time-marriage 
brittle marriage, so-called time- and /^/-marriages. 1 
In time-marriages, a contract for marriage for a stated 
time is made. The time may be for a fixed number 
of days during the week {part-time marriage 2 ), — this 
is a lax rather than a brittle arrangement, — or for a 
stated continuous period. (Term-marriage, hand-fast- 
ing^) At the end of the stated period, the relationship 
may or may not be made permanent. Time-marriages 

1 We have already stated that, strictly speaking, such so-called marriages 
are, in our sense of the word, not marriages at all. 
3 Particularly associated with the Hassinyeh Arabs. 



1 4 2 



The Family 



Trial-marriage 



Duration of 
marriage 



Regulation of 
divorce 



Grounds for divorce 



are often due to the fact that the husband is in a given 
locality of trade or war only during a limited period. 
7Wtf/-marriage is a variety of time-marriage, it being 
distinctly agreed that the relationship may be dis- 
solved by either man or woman at any time. (Some- 
times restricted to any time prior to the birth of 
offspring.) 

Divorce may occur at the pleasure of either husband 
or wife ; it may be allowed only by mutual consent, it 
may not be allowed at all, or it may be allowed only 
for certain specified causes. When, in the last case, 
the husband divorces his wife in the absence of a 
proper cause, he has commonly to forfeit a prescribed 
amount of property or to contribute towards his wife's 
support (alimony). The property forfeited may be 
the wife's dower or dowery. The absconding wife 
may also have to forfeit property, or may cause her 
family to forfeit her bride-price or an equivalent amount 
of property. She may also be forcibly returned to 
her husband, or in terms of modern law an action for 
the restitution of conjugal rights may be brought 
against her. Penalties, fines, etc., may be incurred by 
persons harbouring her. 

Grounds for divorce differ in different communities 
according to the prevailing ideas about the fitting 
nature of conjugal relations. Adultery, barrenness, 
impotence, cruelty, disease, possession by evil spirits, 
prolonged absence, failure to support, laziness, quar- 
relsomeness, are the most general grounds of divorce. 
In connection with our definition of marriage, the fact 
is particularly interesting that barrenness is an almost 
universal cause for divorce. Again, divorce, after the 
birth of offspring, may be absolutely prohibited. In 



reciprocal 



The Form and Duration of Marriage 143 

a few cases, on the other hand, a wife has the right 
to leave her husband after she has borne him a certain 
number of children. Adultery on the part of the wife 
is also an almost universal cause for divorce. Rarely Right to divorce not 
except under developed monogamy, however, is adul- 
tery on the part of the husband a cause for divorce. 
In fact, it should be noted that the right in general of 
separation and the ease in obtaining a separation are 
rarely fully reciprocal. It is shared in equally by the 
wife only in very primitive or in highly advanced 
communities, where the idea of marital proprietorship 
has either not arisen or has disappeared. 

Divorce is sometimes formless and sometimes pre- 
ceded by requisite ceremonial. In the latter case 
notice may have to be served by the one divorcing 
upon the one to be divorced in a prescribed way. 
Again the consent of relatives, of group elders or 
council, of court, legislative body or over-lord may 
have to be obtained or the matter have to be pro 
forma adjudicated before such administrators or ad- 
ministrative or juridical bodies. When marriage takes 
on a religious character, the consent of religious agents 
is also, as a rule, required or desired. 

Divorced persons may or may not (limited divorce, Remarriage of 
divorce a mensa et thoro, legal or judicial separation) 
be allowed to legally remarry. Permission for a di- 
vorced wife to remarry sometimes depends upon the 
consent of the husband who divorces her. Divorced 
persons may be allowed to remarry at once, or they 
may have to wait for the lapse of a fixed time before 
remarrying. The reunion of divorced persons is some- 
times allowed and sometimes forbidden, either un- 
der all circumstances or only in the lifetime of a 



divorced persons 



144 The Family 

husband or wife of a marriage subsequent to the di- 
vorce in question. 
Disposal of offspring Divorce provisions are sometimes dependent upon 

in divorce A tr r 

the existence of offspring, e.g., a husband may not 
be allowed to repudiate or sell a wife who has borne 
children. In case of divorce offspring may follow the 
mother, going with her to her kin or to her second 
husband, or they may remain with the father, being 
cared for by his other wives or by his kinsfolk, or they 
may live partly with their mother and partly with their 
father. Very young children go, as a rule, with their 
mother, sometimes returning to their father when 
older. Sometimes girls follow their mother, and boys 
their father. Sometimes, again, offspring may be 
divided merely on a numerical basis, father or mother, 
as the case may be, having the right to an odd child. 
While with their mother, their father may be called 
upon to support them. In case of older children the 
choice is sometimes left with them. Sometimes, 
again, the children are assigned to the innocent party 
in the divorce, husband or wife, as the case may be. 
The advantages to Although polygamy is undoubtedly more advan- 
m ffS no in m° f tageous to offspring than restricted, i. e. very unstable, 

monogamy, yet it probably secures less parental care 
for offspring than developed or enduring monogamy. 
In marked forms of concubinage, moreover, there is 
usually subordination among offspring, the children by 
the inferior wife faring less well than those by the su- 
perior wife. 1 There are not only more opportunities for 
the undivided and impartial attention of both parents 
to offspring under developed monogamy, but the 
latter form of marriage is alone fitted to lead to those 

1 See p. 94 



The Form and Duration of Marriage 145 

relations between husband and wife which enable 
the wife to most fully perform her function as a 
mother. This fact will appear very plain in a further 
consideration of conjugal relations. First it will be 
well, however, to consider certain facts of sexual 
choice which are not only significant for their direct 
influence upon offspring, but also for their indirect 
influence in their effect upon conjugal relations. These 
facts will be presented in the next lecture. 

NOTE A 

The Forms of Human Marriage. 

Westermarck, The History of Human Marriage, chap. xx. 

Post, Grundriss, etc., i., 51-65. 

Hellwald, Die menschliche Familie, pp. 241-256 (Polyan- 
dry). 

Letourneau, The Evolution of Marriage and of the Family, 
chap. v. (Polyandry). 

Wilutzky, Vorgeschichte des Rechts,\., 187-199. 

Spencer and Gillen, Native Tribes of Central Australia, 
pp. 61, 92-1 1 1 (Group-Marriage). 

Factors in Form of Marriage. 

Westermarck, The History of Human Marriage, chap. xxi. 
Duration of Marriage. 

Ibid., chap, xxiii. 

Howard, A History of Matrimonial Institutions, ii., chap. v. 

Post, Familienrechts, pp. 249-265, 316-320. 

Concubinage, Separation, etc., among Working People in 
London. 

Booth, Life and Labour, x., 41-46. 
Divorce in the United States. 

Wright, A Report on Marriage and Divorce in the United 
States, pp. 167-178 and Table v. 

Howard, A History of Matrimonial Institutions, iii., chap, 
xvii. 



146 The Family 

In England. 

Ibid., ii., chap. xi. 
In European Countries. 

Wright, A Report on Marriage, etc., Appendix. 
Treatment of Widows. 

Geza Rev^sz, Das Trauerjahr der Witwe in Zt. f. ver- 
gleichende Rechtswissenschaft, xv. (1902), 361—405. 
Time-Marriage. 

Hellwald, Die menschliche Familie, chap. xxiv. 
NOTE B 
Promiscuity Theory: 

Hetairism, or unrestricted sexual intercourse, was the origi- 
nal form of sexual relations. Bachofen, Das Mutterrecht, 
Basel, 1897, pp. xviii., xix., xx., 10. 

Because of male jealousy and because of the monogamous 
habits of the anthropoid apes, it is improbable that promis- 
cuity was universal. Darwin, The Descent of Man, pp. 600-5. 

Group promiscuity confined to period when sexual inter- 
course was seasonal. When sexual activity was no longer 
restricted to certain times of year, women were captured from 
alien groups and this practice led to individual marriage. 
Kulischer : Die geschlechtliche Zuchtwahl bei den Mcnschen 
in der Urzeit, in Zt. f. Ethnologle, viii., (1876), 140-157. 

Tendency to promiscuity was the original sexual relation- 
ship, polyandry being the first general modification of pro- 
miscuity. McLennan, Studies in Ancient History, Sec. series, 
London and New York, 1896, pp. 50-55. Also Studies in 
Ancient History, London and New York, 1886, pp. 89-107. 

Individual marriage emerged from communal 7?iarrlage 
through the capture of women from other groups. Through 
marriage by capture wives became private property. Lub- 
bock, Origin of Civilisation, pp. 66-84. 

lb. Kohler, Studien liber Frauengemeinschaft, Frauenraub 
und Frauenkauf in Zt.f, vergleichende Rechtswissenschaft, v., 

Communal marriage was not supplanted by individual mar- 
riage through marriage by capture. Rather marriage by cap- 
ture introduced communal marriage, ultimately polygyny. 
Kautsky, Die Entste hung der Ehe, etc., 197-198. 



The Form and Duration of Marriage 147 

Tendency to promiscuity discussed. Hellwald, Die 
menschliche Familie, chap. viii. 

Marriage based on economic motives, not on sexual im- 
pulse. Primitive marriage tends therefore to be monogamous 
and enduring, with husband and father, head of household. 
Starcke, The Primitive Family,^. 254-261. 

Review and criticism of the arguments in favor of promis- 
cuity theory. Westermarck, The History of Hu?nan Marriage, 
chaps, iv., v., and vi. 

Analysis of indications of original promiscuity, or at least 
very wide marital relations among the Australians. Spencer 
and Gillen. The Native Tribes of Central Australia, pp. 92- 
in. 

Group-Marriage: 

The consanguine family, based on intermarriage of brothers 
and sisters own and collateral in a group, the first type of 
marriage and of family. Punaluan marriage, or marriage of 
a group of brothers to a group of sisters, the second. Mor- 
gan, Ancient Society, pp. 383 ff., 401-423; Systems of Consan- 
guinity and Affinity of the Human Family, in Smithsonian 
Contributions to Knowledge, xvii., J pp. 474-494, Washington, 
1871. 

Group-marriage or exogamous promiscuity quite distinct 
from endogamous or general promiscuity. Evidence of the 
former; the latter is purely hypothetical. Post, Hausge- 
nossenschaften und Gruppenehen in Ausland, 1891, p. 842. 

Totemism leads directly to group-marriage, and individual 
marriage arises from group-marriage. Kohler, Zur Urge- 
schichte der Ehe in Zt. f. vergleichende Rechtswissenschaft, xii., 
250, 326. 

Alleged survivals of group-marriage. Post, Grundriss, 
etc., i., 42-51. 

Group-marriage is certain to originate in a group charac- 
terised by two intermarrying kinship divisions, by the belief 
that sexual intercourse outside of kinship is natural, and by 
nomadic habits. Wake, The Nature and Origin of Group- 
Marriage in J. A. I., xiii., 153. 

One of the primitive conditions of mankind. Howitt, 
Native Tribes of South- East Australia, p. 281. 



H8 The Family 



The so-called Australian survivals of group-marriage are 
abnormal developments of sexual hospitality and of poly- 
androus and polygynous tendencies. They have never been 
more complete than they are now. Crawley, The Mystic 
Rose, pp. 475-483. 

Australian cases of so-called group-marriage merely in- 
stances of regulated tribal license. Lang, The Secret of the 
Totem, London, New York, and Bombay, 1905, chap. iii. 

NOTE C 
Give the history of concubinage, noting in particular the 
relations between concubinage (subordination among wives) 
and polygyny (equality among wives) which may serve to 
show whether the former precedes or follows the latter. 
Make a comparative study (1) of the co-existence in the same 
group of different forms of marriage; (2) of provision for 
offspring in case of divorce. Enumerate polygynous or 
polyandrous groups, comparing the prevailing causes of 
polygyny or polyandry. 

NOTE D 
Veddahs : 

Lifelong monogamy prevails, p. 458. 
Yahgan : 

There are men who have 2, 3, or even 4 wives, but usual to 
have only one. H. & D., vii., 378. Jealous wives make it very 
disagreeable for husbands. H. & D., vii., 378-379. 

Bad treatment often impels a young wife to leave her husband, 
even though she have children, vii., 172. Divorce with formality 
for incompatibility of temper, x, 335. 
Central Australians : 

Among Arunta as soon as marriage has taken place man has an 
exclusive right to woman though he may of his own free will lend 
her to other men. p. 74. A woman may be Piraungaru to a 
number of men, and as a general rule men and women who are 
Piraungaru to one another are to be found living grouped to- 
gether, p. 63. The number of a man's Pirauiigaru depend 
entirely upon his power and popularity; if he be urkil, influential, 
he will have a considerable number, if he be insignificant or un- 
popular, then he will meet with scanty treatment, p. 63. Among 



The Form and Duration of Marriage 149 

Urabunna a group of men belonging to one moiety of tribe re- 
garded as Nupas or possible husbands of a group of women 
belonging to other moiety. One or more women are specially 
allotted to one particular man, each standing in relationship of 
Nupa to the other, but no man having exclusive right to any one 
woman, only a preferential right. A group of men stand in re- 
lationship of Piraungaru to a group of women selected from 
amongst those to whom they are Nupa. p. 64. 

If a woman runs away from her husband and he is unable to 
recover her, he and his friends make a drawing on the ground of 
a woman, place a piece of bark very near it to represent the spirit 
part, and then all the men stick into it miniature spears. Exhorta- 
tions are chanted to the charm to go out and enter her body and 
dry up all her fat. Sooner or later her fat dries up, she dies, and 
her spirit appears in the sky in the form of a shooting star, pp- 
549-55o. 
Point Barrow Eskimo : 

Most men have one wife, though a few of the wealthy men have 
two each. No case of more than two wives, p, 411. In one case 
the younger wife was disobedient to older wife, to whom husband 
was much attached. " Give me a drink of water," said the older 
woman. " No," said the younger. " Go," said the older, and she 
went. p. 412. 

Marriage easily dissolved on account of incompatibility of 
temper or even on account of temporary disagreements. One or 
two cases where wives left husbands on account of ill-treatment. 
In one case each of the couple married again, though the husband 
for a long time tried his best to get his wife to come back to him. 
pp. 411-412. In one case a wife after receiving a beating 
ran away and married another man ; but her first husband fol- 
lowed her in a day or two and either by violence or persuasion 
made her come back with him. p. 412. In several cases men 
discarded wives who were unsatisfactory or made themselves dis- 
agreeable. One woman had a querulous temper another was a 
great talker, p. 412. 

Behring Strait Eskimo : 

Men able to provide frequently take two or more wives. First 
wife regarded as head of family, and has charge of the food. 

A man may discard a wife who is a scold or unfaithful to 



150 The Family 



him or who is niggardly with food, keeping best for herself. A 
woman may leave a man who fails to provide necessary subsist- 
ence, p. 292. 
Central Eskimo ; 

Monogamy everywhere more frequent than polygyny, only a 
very few men having two or more wives. Among the Netchil- 
lirmiut polyandry stated to occur, p. 579. 

Slightest pretext sufficient for a separation, p. 579. 
Wyandots 

First wife remains head of household, p. 6$. 
Melanesians : 

Polygyny the rule, although a considerable number of wives is 
found only with elder and richer men. Florida Isl. : One wife 
commonly, husband saying that he can neither marry nor afford 
(wives here are too costly) more than one. The seven wives of 
a certain chief were thought a great many. Visale : The chief 
had 60 (here brides cost little). Saa : Ordinary men have 2, 
great men 8 or 10. Banks' Isls. : A well-to-do man has ordi- 
narily 2 and many have 3. Lepers' Isl.: Men generally have 
2 wives. A man who has a young wife takes an elder woman, a 
widow, for a second, to look after the first. Some men have 3 
or 4, a great man lately had 50. p. 245. Banks' Isls. : Cases 
known where two widowers live with one widow. Cases occur 
where a man connives at wife's connection with another man, 
but the thing is thought discreditable, pp. 245-246. 

Divorce easy and common. Effected at will of either party, 
although easier for a man than a woman. A man does not wish 
to lose bride-price, and he will try many times to get back a run- 
away wife before giving her up. If separation is amicable the 
woman's father will return the bride-price, having in view another 
son-in-law. After some time in wedlock, a woman has worked 
out the bride-price, and a pig or two on one side or the other 
settles all claims, p. 244. 
Ewe-Speaking Peoples : 

Unusual, except among chief s, for a man to have more than 4 
or 5 wives. Excessive polygyny only in Dahomi, where a man's 
rank and position are estimated by the number of his wives. 
In royal palaces of Dahomi were immured more than 5000 



The Form and Duration of Marriage 151 

royal wives, pp. 203, 204, 205. Head-wife (first wife) super- 
vises informal arrangements of whole household. Second wife 
acts as her assistant, p. 204. Concubines usually slave-girls 
owned by wives and loaned by them to husbands, p. 205. 

A wife can, with husband's consent, leave him at any time by 
refunding head-money and the amount of all expenditures 
he has ever incurred on her behalf. If she has been grossly 
neglected or ill-treated by him she can, on proving her case 
before the headmen, leave him without payment, p. 206. 

In separation, children accompany mother, who reimburses 
father for their maintenance, p. 206. 

Tshi-Speaking Peoples : 

A wife almost invariably gives her slave-girl to her husband as 
a concubine. With king's permission, his sisters may marry any 
man who is pre-eminently handsome, no matter how low his posi- 
tion; but such a husband is required to commit suicide when his 
wife dies or upon the death of an only male child. The women 
of royal blood may also, with permission, intrigue with any fine 
and handsome man. p. 287. 

Separations occur frequently. If a husband grossly maltreats 
a wife, or neglects her for a considerable time for a rival, she 
may leave him without restitution of head-mo?iey. If she wishes to 
leave him without due cause she must receive his permission and 
return head-money and all expenses, p. 284. 

Yoruea-Speaking Peoples : 

Daughters of kings or chiefs live with or marry whom they 
please and change their partners as often as they please. First 
or head-wife styled "mistress of the house" and charged with 
preservation of order among the women. Junior wives styled 
" trade-wives" or "wives of commerce," probably because they 
sell in the markets, pp. 182-183. 

Thompson River Indians : 

Polygyny flourished, very many men having from 2 to 4 wives, 
sometimes all sisters, and not a few having as many as 7 or 8, yet 
there were a large number of men who had only one wife. For 
a man to have several wives was indicative of wealth, p. 326. 
Kabyles : 

Right of separation belongs to husband only, iii., 397. Ait 



15 2 The Family 

Mahmoud, village of Bou Hinnoun. If a woman is repudiated 
or widowed, everything given her by her husband or father remains 
the property of husband or his heirs, with the exception of what has 
been loaned her by her father before witnesses or given one or 
two days after she has come into her husband's house, iii., 434. 
Ait Douala. If a woman leave her husband for another man, her 
parents must make her return to her husband or restore thd- 
mamih to him. Iazzouzen Bouadda. Parents pay 150 douros to 
the deserted husband, if their fortune permits, otherwise kharouba 
pays, iii., 89-90. Cheurfa, etc. If husband and wife disagree 
and husband is in the right, he may repudiate wife, but he will 
receive only that which he gave for her, 30 reals. If wife does 
not wish to remain with husband, and if she is young, she will 
wait until she becomes of age. When wife becomes of age, hus- 
band will send to her parents to ask her to return. If three 
messages of this kind are in vain, he may act towards her as he 
thinks best. He may repudiate her or leave her thamaouk't until 
his death. If a man who has repudiated his wife three times 
with the formula "Thou art repudiated," takes her back with a 
marabout as witness, he is fined 5 reals. If without the marabout, 
he is fined 50 reals, iii., 328. If a wife seek refuge from husband 
in house of a man who is not her relative and who does not eject 
her at once, the man is fined 10 reals, iii., 365-366. Ait Ameur, 
etc. If a man marry a woman of this tribe and subsequently re- 
move to Tunis, after three years' absence the woman may remarry 
and the man receives only the value of the thdmamth. If a man 
repudiates his wife and dies before she remarries, his heirs are 
entitled only to the value of the thdmamth. iii., 395. Among 
other tribes a wait of 4 years required but relatives of husband 
may prolong this period among some tribes to 7 years, among 
others to 10, by providing for wife, ii., 146-147. Iouadhien (con- 
federation of Ait Sedka). He who marries a woman whom he 
cannot legally marry (a married woman who has left but who has 
not been repudiated by her husband and so cannot remarry) fined 
100 reals, iii., 341. Wife of an absent man may not remarry for 
6 years. If her first husband then return, the value of the 
thdmamth paid by him must be returned to him. iii., 342. 

Ait Ousammer. When a husband separates from wife, in 
case there is a nursing child and husband refuse to leave it with 



The Form and Duration of Marriage 153 

mother, he is fined 2 reals. Wife likewise fined 2 reals if she re- 
fuse to keep the child. So are relatives of wife if they refuse to 
receive it. iii., 384. Ait Kani. If a divorced woman has a child 
at the breast her husband pays her 2 reals per month, iii., p. 422. 
Seubka. Husband pays her 10 reals per annum for 4 years, iii., 
439- 
Ancient Arabs : 

But if ye wish to exchange one wife for another, and have 
given one of them a talent, then take not from it anything, iv., 
24. It is no crime in you if ye divorce your women ere ye have 
yet touched them, or settled for them a settlement. But provide 
maintenance for them ; the wealthy according to his power, and 
the straitened in circumstances according to his power, must 
provide, in reason ; — a duty this upon the kind. And if ye di- 
vorce them before ye have touched them, but have already 
settled for them a settlement ; the half of what ye have settled, 
unless they remit it, or he in whose hand is the marriage tie re- 
mits it ; and that ye should remit is nearer to piety, and forget 
not liberality between you. Verily, God on what ye do doth 
look, ii., 236-237. O thou prophet ! when ye divorce women, then 
divorce them at their term, and calculate the term and fear God 
your Lord. Do not drive them out of their houses unless they 
have committed manifest adultery. These are God's bounds, 
and whoso transgresses God's bounds has wronged himself. Thou 
knowest not whether haply God may cause something fresh to 
happen after that. And when they have reached their appointed 
time, then retain them with kindness, or separate from them with 
kindness ; and bring as witnesses men of equity from among 
you ; and give upright testimony to God. . . . Let them dwell 
where ye dwell, according to your means, and do not harm them, 
to reduce them to straits ; and if they be heavy with child, then 
pay for them until they lay down their burdens ; and if they 
suckle (the child) for you, then give them their hire, and consult 
among yourselves in reason ; but if ye be in difficulties, and 
another shall suckle the child for him, let him who has plenty 
expend of his plenty ; lxv., passim. Divorced women must wait 
for themselves three courses ; and it is not lawful to them that 
they hide what God has created in their wombs, if they believe 
in God and the last day. Their husbands will do better to take 



154 The Family 

them back in that (case) if they wish for reconciliation ; for, the 
same is due to them as from them. . . . Divorce (may happen) 
twice ; then keep them in reason, or let them go with kindness. 
It is not lawful for you to take from them anything of what you 
have given them, unless both fear that they cannot keep within 
God's bounds. So if ye fear that ye cannot keep within God's 
bounds there is no crime in you both about what she ransoms 
herself with. These are God's bounds, do not transgress them ; 
and whoso transgresses God's bounds, they it is who are unjust. 
But if he divorce her (a third time) she shall not be lawful to him 
after that, until she marry another husband ; but, if he divorce 
her too, it is no crime in them both to come together again, if 
they think that they can keep within God's bounds. . . . When 
ye divorce women, and they have reached their prescribed term, 
do not prevent them from marrying their (fresh) husbands, when 
they have agreed with each other reasonably. That is what he 
is admonished with who amongst you believes in God and in the 
last day. That is more pure for you and cleaner, ii., 227-232. 
Also lxvi., footnote i.; lviii., 1-4. 

And if ye fear a breach between the two, then send a judge 
from his people and a judge from her people. If they wish for 
reconciliation, God will arrange between them, iv., 38-39. 

Ancient Hebrews : 

And Lamech (the 6th generation from Adam) took unto him- 
self 2 wives. Gen. iv., 19. Gideon had threescore and ten sons 
of his body begotten : for he had many wives. He had also one 
concubine. Judges viii., 30, 31. Elkanah had two wives. 1 Sam. 
i.,2 . David took two wives, Abigail and Ahinoam. Saul had given 
Michal, his daughter and David's first wife, to Phalti. 1 Sam. xxv. 
42-44. Subsequently David took four wives. 2 Sam. iii., 3-5. And 
still later more concubines and wives. 2 Sam. v., 13. Solomon 
had 700 wives, princesses, and 300 concubines. 1 Kings xi., 3. 
And Sarah said unto Abraham, Behold now the Lord hath re- 
strained me from bearing : I pray thee, go in unto my maid ; it 
may be that I may obtain children by her. And Sarah gave Hagar 
her maid the Egyptian, to her husband Abraham to be his wife. 
When Hagar had conceived, Sarah was despised by her, and 
Sarah upbraided Abraham. But Abraham said, Behold thy maid 
is in thy hand ; do to her as it pleaseth thee. Gen. xvi., 2-6. At the 



The Form and Duration of Marriage 155 

request of Sarah, Abraham sent away Hagar and her son. lb. 
xxi., 9-14. Abraham's brother, Nahor, had a concubine, Beumah. 
lb. xxii., 24. Abraham had concubines. lb. xxv., 6. And if a 
man sell his daughter to be a maidservant, she shall not go out as 
the menservants do, i. e. y be free in the seventh year. If she 
please not her master, who hath betrothed her to himself, then 
shall he let her be redeemed ; to sell her unto a strange nation 
he shall have no power, seeing he hath dealt deceitfully with her. 
And if he have betrothed her unto his son, he shall deal with her 
after the manner of daughters. If he take him another wife; her 
food, her raiment, and her duty of marriage, shall he not diminish. 
And if he do not these three unto her, then shall she go out free 
without money. Ex. xxi., 7-1 1. 

When a man hath taken a wife, . . . and it come to pass that 
she find no favor in his eyes, because he hath found some un- 
cleanness in her : then let him write her a divorcement and give 
it in her hand and send her out of his house. And . . . she 
may go and be another man's wife. And if the latter husband 
hate her, and write her a bill of divorcement, and give it in her 
hand, and send her out of his house ; or if the latter husband 
die, which took her to be his wife ; her former husband, which 
sent her away, may not take her again to be his wife, after that 
she is defiled ; for that is abomination before the Lord. Deut. 
xxiv., 1-4. Many sons of the priests as well as others, had taken 
strange wives, " and they gave their hands that they would put 
away their wives." It was also proposed to put away the children 
born of them. Ezra x. For the Lord saith that he hateth putting 
away. Mai. ii., 16. 

Babylonians : 

If a man take a wife and that wife give a maidservant to her hus- 
band and she bear children ; if that man set his face to take a 
concubine, they shall not countenance him. He may not take a 
concubine. § 144. If the maidservant bear children and after- 
ward would take rank with her mistress because she has borne 
children, her mistress may not sell her for money, but she may 
reduce her to bondage and count her among the maidservants 
§ 146. If she have not borne children, her mistress may sell her 
for money. §147. If a man's wife do not present him with child- 
ren and he set his face to take a concubine, he may bring a 



15 6 The Family 

concubine into his house. She shall not rank with his wife. 
§ 145. If a man take a wife and she become afflicted with dis- 
ease, and if he set his face to take another, he may. His wife, 
who is afflicted with disease, he shall not put away. She shall 
remain in the house which he has built and he shall maintain her 
as long as she lives. § 148. 

If she do not elect to remain, he shall make good to her the 
dowry which she brought from her father's house and she may 
go. § 149. If a man would put away his wife who has not borne 
him children, he shall give her money to the amount of her mar- 
riage settlement and he shall make good to her the dowry which 
she brought from her father's house and then he may put her 
away. § 138. If there were no marriage settlement, he shall give 
to her one mana of silver for a divorce. § 139. If a freeman, he 
shall give her one-third mana of silver. § 140. If a man be cap- 
tured and there be maintenance in his house and his wife go out 
of her house, she shall protect her body and she shall not enter 
into another house. § 133. 

Otherwise they shall call her to account and throw her into the 
water. § 133 A. If there be no maintenance in the house and she 
enter into another she has no blame. § 134. If she bear children ; 
and if later her husband return, she shall return to him and the 
children shall go to their father. § 135. If a man desert his city 
and flee and afterwards his wife enter into another house ; if he 
return and would take his wife, she shall not return to him 
because he hated his city and fled. § 136. If the wife of a man 
who is living in his house, set her face to go out and play the part 
of a fool, neglect her house, belittle her husband, they shall call 
her to account ; if her husband say " I have put her away," he 
shall let her go. On her departure nothing shall be given to her 
for her divorce. If her husband say: " I have not put her away," 
her husband may take another woman. The first woman shall 
dwell in the house of her husband as a maidservant. § 141. If 
a woman hate her husband, and say: " Thou shalt not have me," 
they shall inquire into her antecedents for her defects; and if she 
have been a careful mistress and be without reproach and her 
husband have been going about and greatly belittling her, that 
woman has no blame. She shall receive her dowry and shall go to 
her father's house. § 142. If she have not been a careful mistress, 



The Form and Duration of Marriage 157 

have gadded about, have neglected her house, and have belit 
tied her husband, they shall throw her into the water. § 143. If 
a man set his face to put away a concubine who has borne him 
children or a wife who has presented him with children, he shall 
return to that woman her dowry and shall give to her the income 
of field, garden, and goods and she shall bring up her children; 
from the time that her children are grown up, from whatever is 
given to her children they shall give to her a portion correspond- 
ing to that of a son and the man of her choice may marry her. 
§ 137. If a man be in debt and he sell his maidservant who has 
borne him children, the owner of the maidservant (*. e. f the man 
in debt) shall repay the money which the merchant paid (him), 
and he shall ransom his maidservant. § 119. 

Ancient Hindus : 

If twice-born men wed women of their own and of other lower 
castes, the seniority, honour, and habitation of such wives must be 
settled in the order of the castes. The wife of equal caste alone 
shall personally attend her husband and assist him in his daily 
sacred rites, ix., 85-87. 

If the husband went abroad for some sacred duty, the wife 
must wait for him 8 years; if he went to acquire learning or 
fame 6 years, if for pleasure, 3 years. She who shows disrespect 
to a husband who is addicted to some evil passion, is a drunkard, 
or deceased, shall be deserted for three months and deprived of 
her ornaments and furniture. If she show aversion toward a 
mad or outcast husband, a eunuch, one destitute of manly 
strength, or one afflicted with such diseases as punish crimes, she 
shall neither be cast off nor be deprived of her property. . . . 
For one year let a husband bear with a wife who hates him; then 
let him deprive her of her property and cease to cohabit with 
her. She who drinks spirituous liquor, is of bad conduct, rebel- 
lious, diseased, mischievous, or wasteful, may at any time be 
superseded by another wife. A barren wife may be superseded 
in the eighth year; she whose children all die, in the tenth; she 
who bears only daughters, in the eleventh; but she who is quarrel- 
some, without delay. But a sick wife who is kind to her husband 
and virtuous in her conduct may be superseded only with her 
own consent and must never be disgraced. A wife, who being 
superseded, in anger departs from her husband's house, must 



*5 8 The Family 

either be instantly confined or cast off in the presence of the 
family, ix., 76-84. 

At the feast of the manes only remnants shall be the share of 
those who unjustly forsook noble wives, iii., 245. A woman must 
not seek to separate herself from her father, husband, or sons, by 
leaving them, she would make both her own and her husband's 
family contemptible, v., 149. 

Neither by sale nor repudiation is a wife released from her hus- 
band, i. e., if sold or repudiated she may never become the legiti- 
mate wife of another, ix., 46 and footnote. 
Ancient Chinese : 

The Son of Heaven has his queen, his helpmates, his women 
of family, his ladies of honour. These constituted his wife and 
concubines, xxvii., 109. A niece and younger sister accompanied 
the bride to the harem, xxvii., 100-101. Until a concubine had 
completed her fiftieth year it was the rule that she should be 
with her husband once in five days. Even a favourite concubine 
was required in dress and diet to come after her superior. If the 
wife were not with the husband, a concubine waiting on him 
would not venture to remain the whole night, xxvii., 471. Even 
after the wife of a ruler was dead, the concubine wore mourn- 
ing for her relatives. If one of them took her place and 
acted as mistress of the establishment she did not wear mourning 
for the relatives, xxvii., 138-139. 

The concubine followed the wife out of the harem if the latter 
came to be divorced, xxviii., 44. When a feudal lord sent his 
wife away, she proceeded on her journey to her own state, and 
was received there with the observances due to a lord's wife. . . 
Her attendants set forth the various articles sent with her at her 
marriage, and those on the other side received them, xxviii., 
170-171. 
Ancient Romans : 

The same woman cannot at the same time have two husbands, 
nor can the same man have two wives. J. i., § 63. Marriage is 
the union of a man and a woman entraining the obligation to live 
in inseparable communion. /. i., § 3. 
French : 

147. No one can contract a second marriage before the disso- 
lution of the first. 



The Form and Duration of Marriage 159 

231, 232. A husband and wife may reciprocally sue for a 
divorce on account ot violence, cruelty, or gross insults, on the 
part of the one against the other, or in case of a sentence impos- 
ing degrading corporal punishment. 296. A divorced wife shall 
not be able to remarry before ten months after the divorce has 
become final. 297 (x). In case of divorce by mutual consent 
neither husband nor wife shall be able to remarry until 3 years 
after such divorce has been decreed. 298. In case of a divorce 
granted by the court on account of adultery, the guilty party 
shall never be able to marry his or her accomplice. 301. If 
husband and wife have not stipulated any advantage in favour of 
each other, or if those stipulated do not appear to be sufficient to 
secure the maintenance of the husband or wife who has obtained 
the divorce, the Tribunal may grant alimony to such husband 
or wife, which shall not exceed one-third of the income of the 
other. Such alimony can be stopped in case it should cease to be 
necessary. 

267. The provisional custody of the children shall belong to 
the husband, whether plaintiff or defendant in a divorce suit, 
unless the Tribunal makes a different order at the request either 
of the mother or of the family or of the Public Prosecutor, for 
the greater advantage of the children. 302. The children shall 
be confided to the husband or wife who has obtained the divorce, 
unless the Tribunal, at the request of the family or of the Public 
Prosecutor, should order, for the greater advantage of the child- 
ren, that all or some of them should be placed under the care 
of the other or of a third party. 303. In divorce whoever may be 
the person to whom the children shall be confided, the father and 
mother shall respectively retain the right to watch over their 
maintenance and education, and they shall be bound to contribute 
thereto in proportion to their means. 304. Divorce shall not 
deprive offspring of any of the advantages which were secured 
to them by law or by the matrimonial agreements of their father 
and mother. 305 (y). In case of divorce by mutual consent, the 
ownership of one-half of the property of the husband and wife 
shall belong by right, from the day of their first declaration, to 
the children born of the marriage; the father and mother shall, 
nevertheless, retain the enjoyment of this half until their children 
become of age, on condition of providing for their support, 



160 The Family 

maintenance, and education, in accordance with their fortune 

and standing. 

People of the United States : 

Polygamy (legal) is an indictable offence. § 21. 

Adultery, cruelty, and desertion are the three general causes of 
divorce. § 220 b. There is both judicial separation (a mensa et 
thoro) and absolute divorce {a vinculo). Divorce nisi is the sus- 
pension of the decree of absolute divorce for a certain period. 
Suit for restitution of conjugal rights has never had a foothold. 
§ 220 a. Transfers of property actually executed prior to divorce 
remain unaffected ; but rights dependent on marriage, courtesy, 
dower, rights of administration, etc., are annihilated by the de- 
cree. § 221. These rights are unaffected by divorce a mensa et thoro 
and nisi, but in such cases the wife's property will be protected by 
the court. § 222. 

The child's custody may be given by the divorce court to either 
parent or to a third person. § 249. Bastards maybe legitimated 
by subsequent marriage or in some States by a public act of pa- 
ternal recognition or adoption aside from marriage. § 277. In 
some States the father of a bastard may at the instance of the 
mother be coerced by arrest and imprisonment into furnishing 
maintenance for the child. § 279. The tendency is to regard 
wills in favour of bastards with the same, or nearly the same, con- 
sideration as all others. § 281. In general, a bastard can not 
inherit from the putative father. § 277, N. 3. 



LECTURE VIII 



SEXUAL CHOICE 



WHETHER or not sexual choice has been as im- importance of 
f . . . . . sexual choice 

portant a factor in evolution as has sometimes 

been claimed, 1 its importance as a social factor is 

great — greater, probably, than we as yet surmise ; for 

from this point of view the subject has never been 

adequately examined. At present we shall merely 

review some of the data useful in such a study. 

Among mankind, as among the lower animals, inci- significance of 

dents of courtship commonly indicate the nature of 

the traits which are prized in mating. The accepted 

suitor is frequently he who excels in purposive tests 

of strength, speed, cunning, etc., or he whose presents 

are the richest or whose display of wealth or social 

distinction is the most alluring. Betrothal and mar- ofbetrothai 

riage ceremonial may be similarly suggestive of pre 

ferred conjugal characteristics. In this connection of the bride-pric 

regulations of the bride-price based on the rank of the 

groom's father, on the bride's previous condition of 

maidenhood, widowhood, etc., on her personal traits, 

appearance, strength, etc., are significant. Widows, 

for example, in view of their acquired skill in domestic 

work, sometimes bring a higher price than virgins. 

Virgins, on the other hand, may, where chastity has 

1 For Darwin's theory of sexual selection and criticisms of it see Note B. 

161 



and marriage 
ceremonial 

under special 
circumstances 



162 The Family 

a distinctly marketable value, 1 sell for more than 
widows. 2 
Enduring nature of We should note that the struggle that goes on 
selection between members of the same sex for desirable mates 

is not limited to the first period of courtship. It con- 
tinues throughout the mating period of life, although 
it is to a considerable extent conditioned by social 
usage in regard to the form and duration of sexual 
intercourse 3 as well as by a number of other restric- 
tions upon sexual choice which we shall soon con- 
sider. A man may have to fight to keep as well as to 
get his wife. She may be captured or through magic 
charmed away from him or she may voluntarily leave 
him for another. A wife may on her side have to con- 
tend with other women both in and out of wedlock 
for her husband's favour. He may cast her off or 
merely neglect her. 

Among human beings the play of sexual choice 4 is 

1 See p. 194. 

2 Note that the struggle of sexual selection may be, so to speak, unconscious 
and impersonal, as well as conscious and personal. The rivals may never 
meet or know of one another. The greater part of romantic literature ex- 
presses some form or other of this struggle. There is a special opportunity here 
for an analysis of some of the great novels, Anna Karenina, War and Peace, 
Tess of the d y Urbervilles, Tom' Jones, The Ordeal of Richard Fever el, Henry 
Esmond, Madame Bovary, etc. 

3 This subject we have already considered in the two preceding lectures. Let 
us note, in addition, that both under polygyny and polyandry there are usually 
rules in regard to the proportioning of conjugal intercourse between the wives 
or the husbands, as the case may be. Even under monogamy the amount of 
sexual intercourse may be customarily stipulated. It is unfortunate that there 
has been so little observation of jealousy, particularly of female jealousy, on the 
part of ethnographers. What observations we have are scattered and indirect — 
e.g., the fact of infanticide under jealousy-arousing circumstances. See p. 46. 
Here, as in other matters, ethnography would profit through the work of 
women students. 

4 The student should not be bewildered by this term into bondage to any 
free-will obsession. Sexual, like other kinds of choice, is always the out- 
come of given causes. The restrictions or limitations on sexual choice which 



Sexual Choice 163 

limited at all times by a great number of impersonal checks upon social 
social or quasi-social checks. Even among the lower 
animals sexual choice is limited to choice within the 
same variety of species and to particular groups 
within the species, according to specific distribution. 
It is unnecessary to do more than refer to the preju- 
dice that obtains in all communities against sexual 
intercourse between human and non-human beings 
(one form of so-called sodomy) as a proof that similar 
restrictions likewise exist in the human species. 
Although there are probably no pure races in exist- 
ence, nevertheless abundant evidence of aversion, as 
well as of indifference, to racial intermixture does 
exist. Added to these restrictions upon sexual choice 
are a great number of restrictions based (1) upon 
ideas of consanguinity and affinity ; (2) upon locality; 
(3) upon separation of the sexes ; (4) upon economic, 
cultural, and political differences ; (5) upon parental 
ownership ; (6) upon group or class control ; and (7) 
upon the age of the bride or groom. 

(1) There is probably no human society in which consanguinity 
sexual choice is not more or less restricted by con- 
sanguineous relations. Sometimes these restrictions 
are endogamous, requiring marriage within the kin, 
sometimes they areexogamous, prohibitive of marriage 
within the kin. As we shall see later, the notion of correspondence 

. -t rr • • between consan- 

kinship is very different among different communities, guincous marriage 

Ti , • • , -i • restrictions and 

1 he restrictions correspond to, but are never quite kinsh i P 
identical with, these notions of kinship. 

There is almost always, for example, an aversion to 

we are to consider at present are merely of a more general character, affecting 
every member of a particular group or groups, than many of the factors that 
enter into the choice of the individual. 



164 



The Family 



Co-existence of 
endogamous and 
exogamous rules 



Relations assimi- 
lated to blood- 
relations 



Affinity 



marriage in the ascending or descending line, and yet 
in the matronymic or patronymic group father or 
mother, as the case may be, may not be reckoned of 
the same kin as the child. Again, in the endogamous 
group, brother-sister marriage is, as a rule, not cus- 
tomary. Endogamous or exogamous restrictions up- 
on maternal or paternal uncle-niece or aunt-nephew or 
cousin-marriage may exist irrespective of other endo- 
gamous or exoofamous rules. Under ethnic organisa- 
tion, endogamous and exogamous rules commonly 
co-exist in the same group or federation of groups. 
Similar although less formal restrictions exist in civil 
society. Marriage, as we have seen, may be forbidden 
both within an inner circle and without an outer circle 
of consanguinity. The clan, or phratry, to give an- 
other widespread example, may be exogamous and the 
tribe endogamous. 1 Cross-cousin marriage, or mar- 
riage between cousins belonging to different totem 
clans or phratries may be required, whereas marriage 
between cousins belonging to the same totem clans or 
phratries may be forbidden. Adoption, fosterage, 
milk-brotherhood, sponsorship, and affinity (connec- 
tion through marriage) are frequently assimilated to 
blood-relationship so that the relations to which they 
give rise are prohibitive marriage relations. Not un- 
commonly sons and brothers inherit the wives of 
their deceased relatives. Where, in another stage ol 
conjugal relationship, widows inherit property they 
may be married by the relatives of their deceased 
husband to keep the property within the kinship group. 
In Thibetan or brother-polyandry and in North- 
American or sister-polygyny, sexual choice is, of course, 



See pp. 169-70, 281 for fuller discussion of this intricate subject. 



Sexual Choice 165 

partly restricted by affinity. Analogous restrictions 
are seen in the levirate 1 or niyoga" 1 and in the sub- 
stitution of a female relative for a barren or deceased 
wife. 3 

Consanguineous restrictions upon marriage com- Analogous 

° restrictions upon 

monly hold as well lor temporary sexual intercourse, temporary sexual 



intercourse 



Exceptions sometimes occur on the occasion of initi- 
ation or marriage ceremonial. This whole subject, 
however, needs fuller investigation. 

Violation of consanguineous marriage restrictions or Punishment for 

, . incest 

incest is almost universally severely punished by the 
kinship group. The punishments are exile, destruc- 
tion of personal property, death. It is notable that 
group condemnation of incest is always more marked 
than that of adultery. Disease, misfortunes of vari- 
ous kinds, and death through supernatural agencies are 
also generally believed to follow from incest. 

Frequently endogamous rules requiring, for exam- Endogamous rules 

x < J ° x ° and economic 

pie, cousin or uncle-niece marriage are the direct motives 
outcome of economic motives. Property is thereby, 
as in the case of marriage by relatives of widow-heir- 
esses, kept in the kinship group. The arrangement 
may also be analogous to marriage by barter where, 
for example, the first daughter is promised before 
birth to a younger brother or to the son of a brother 
or sister. Sometimes persons who are pledged by 
birth in this way to one another in marriage may even 
free themselves from the obligation by pledging their 
unborn offspring in their stead. 

(2) Incommunitieswheresocial relations ingreneral Effe ctofdisintegra. 

v ' ° tion of blood-ties 

tend to be based less and less upon common blood, mar- upon consanguine 

r 1 t t 1 • 1 • 1 • 1 • • • 1 ous marriage 

nage restrictions 01 blood-kinship begin to diminish, restrictions 

1 See p. 250. ■ Ibid, • See p. 194. 



i66 



The Family 



District endogamy 
or exogamy 



Serfdom restric- 
tions 

Restrictions result- 
ing from general 
lack of mobility 



Sexual segregation 



Differentiation of 
occupations 



Inititiativein court- 
ship taken by male 



Class or caste 
restrictions 



Restrictions vary 
with class 



In the passing of the blood-tie into a territorial tie, 
for example, district endogamy or exogamy, may be 
assimilated to kinship endogamy or exogamy, the 
inhabitants of the same locality being reputed and 
actually being in large part akin. For example, mar- 
riage within the clan, if the clan is scattered, may be al- 
lowed where marriage within the tribe, if the tribe is a 
local unit, is forbidden. District endogamy may also 
combine with economic class endogamy as in serfdom. 
Lack of freedom in general to move from one place to 
another — a condition which to a greater or less extent 
applies to the members of all communities — is, of 
course, a check upon sexual choice. 

(3) The segregation or separation of the sexes, 
which also to a greater or less extent characterises all 
communities, is an analogous check. At puberty or, in 
many cases, before this period, boys and girls are com- 
monly separated. They not infrequently sleep and eat 
in different places. Their occupations are differen- 
tiated. As we have already noted, both before and 
after marriage a greater or less degree of avoidance 
of one sex by the other may be practised. The seclu- 
sion in general of women may be particularly marked. 
Pertinent in this connection is the fact that the cus- 
tom of one sex almost always the male, taking the 
initiative in courtship is also a check on sexual choice. 

(4) In communities where economic, cultural (re- 
ligious and intellectual ), and political classes or castes 
are differentiated, marriage between members of dif- 
ferent classes or castes is, as a rule, forbidden or dis- 
couraged. Irrespective of classes or castes, marriage 
between two given families or within sets of families 
may be customary. Different classes in the same 



Sexual Choice 167 

community may have different marriage restrictions. 
Brother-sister marriage practised exclusively by royal Brother-sister ma 
or noble families is a case in point. Again, the priestly 
class is frequently precluded from marriage, less 
frequently from all sexual intercourse. When not Priestly marriage 
forbidden to marry, priests may in a polygynous com- 
munity be limited to one wife or their choice may be 
limited to women of a certain kind, e.g., to virgins. 
Forms of political or military celibacy may also occur. 

(5) An important restriction upon sexual choice parental 
we have already referred to in considering the sub- ownership 
jects of age at betrothal and marriage and of wife 
purchase. We have learned that parental ownership 
precludes to a great extent the possibility of sexual 
choice on the part of girls, and to a less extent on 
that of youths. The bride-price, the service of an Motives of 
able son- or daughter-in-law, affiliation with an ^T^T oice 
influential group, 1 are among the motives of the 
vicarious sexual choice of parents. Where marriage 
by purchase is well developed, the custom of nego- 
tiating a marriage through marriage-brokers is very Marriage-brokers 
general. These agents may or may not be kins- 
men or women. A high bride-price is, as we have 
seen, a factor in postponing and therefore a restric- 
tion upon marriage. As it is not uncommonly 
thought derogatory to the woman's family to marry 
her off for less than the customary bride-price, female 
as well as male celibacy, may even result from an 
inelastic, so to speak, bride-price. The custom of 
female infanticide has even been alleged by those 
practising it to be due to the fear of not obtaining an 
honourable bride-price for the maiden. 

1 See p. 161 for the social importance of connubium between groups. 



i68 



The Family 



Parental rights 
inherited, shared 
or usurped 



Legal age of 
consent 



Necessity of 
correspondence 
between ages of 
bride and groom 

Of marriage 
within the same 
generation 



Marriage of elder 
before younger 
brothers or sisters 



Australian 
marriage classes 



(6) The parents right of choice may be inherited, 
or may be shared by other male kinsmen. Under 
group-rule by elders, village community, feudal or 
monarchical systems, this right may be shared or 
wholly usurped by the group-elders, village council, 
chief overlord or king. 

The requiring of an arbitrary age at marriage, the 
forbidding of marriage prior to initiation, and the 
requiring of marriage prior to a given age may also 
be considered restrictions upon sexual choice. The 
requirement of some arbitrary correspondence be- 
tween the ages of the bride and groom is another 
restriction. Marriage within the same generation 
may, where age-classes are well defined, for example, 
be required. In some communities the custom also 
exists of preventing younger brothers or sisters 
marrying before elder. Child-betrothal or marriage 
and the marriage of adults to children may also of 
course be accounted age restrictions. Again, age 
may combine with economic restrictions where, for 
example, only the older men can afford young wives 
and, through their monopoly, force the young men 
into celibacy or marriage with widows. 

Among the natives of Australia are found so-called 
marriage classes, the members of one class being 
allowed to marry only the members of another corre- 
sponding class. These classes are not identical with 
the Australian totem clan, phratry, or age-class, 
although there seems to be some kind of corre- 
spondence between all these social divisions. The 
subject is very obscure and has given rise to much 
controversy. 

As was suggested at the outset, facts of sexual 



Sexual Choice 169 

choice stand in important relations to the family and standpoints for 

. , ... 1 z\ investigation of 

to social organisation in general. As was also stated, influence of sexual 

o o ... 

we shall not undertake the analysis of their relations, 
an analysis which merits patient and thorough study ; 
but it may be well to suggest a few standpoints from 
which the subject should be considered. It is plain sexual choice and 

. . . - 1*1 i • • r form and duration 

that there is a close relation between conditions ot ofmarriage 
sexual choice and the form and duration of marriage. 
Entire deprivation of sexual choice, for example, Effect of 
through one or more of the factors we have been con- sexual choice 
sidering, through child-betrothal or marriage, let us 
say, works against the duration of marriage. Sexual 
choice is exercised at another time, in this case, at a 
later age. Again in temporary forms of sexual inter- EfTect of tem P orar 3 - 
course, either there is no sexual choice on the woman's upon^ixuli^hoice 
part (rape, certain forms of prostitution, sexual hospi- 
tality), or on the part of both man or woman the choice 
is only partial, z. e. y either man or woman is chosen only 
for momentary satisfaction. Similarly sexual choice in 
polygyny will probably vary from that in monogamy, sexual choice in 
In the former each wife may be chosen for a different polygyny 
reason, just as each wife, as we shall see later, may 
have a different conjugal task. In monogamy, on the in monogamy 
other hand, a woman, in order to be chosen, may 
have to combine many desirable traits. It is plain, 
therefore, that marriage and particular forms of mar- 
riage will encourage the propagation through sexual 
selection of a certain set of characters, whereas tem- 
porary sexual intercourse, or other forms of marriage intermarriage 
will encourage another set. Rules of intermarriage 
have a vital effect as social ties or barriers between 
groups. It has been pointed out, for example, that 
clan-exogamy has been highly influential in turning 



a social tie 



II 



170 The Family 

otherwise hostile into united groups. Exogamous 
rules, as well as lack of freedom in general, may, on 
the other hand, build up barriers of social intercourse 
between classes and between individuals. Notable in 
this connection, as extreme illustrations of such tenden- 
cies, are the various practices of ceremonial avoidance 
between relatives by blood or marriage. The custom 
ceremonial avoid- of brother-sister, particularly hxotiwc-younger sister, 
iTcest regufation mother-son, father-in-law - daughter-in-law, mother- 
in-law -son-in-law avoidance has been explained in 
various ways and it may be due to various causes. 
Nevertheless it is in many cases undoubtedly an 
incest regulation. 

NOTE A 

Courtship. 

Westermarck, The History of Human Marriage, chap, 
viii. 

The Odyssey, Books xxi.-xxii. (Testing of Penelope's 
suitors). 
Restrictions upon Sexual Choice. 

Westermarck, The History of Human Marriage, chap, 
xvi. 

Post, Eamilienrechts, pp. 220-234. 

Lasch, Der Selbstmord aus erotischen Motiven bei denprimi- 
tiven Voikern in Zt.f. Sociahv., ii., 578^*. 
Among Natives of Australia. 

Howitt, Native Tribes of South-East Australia, chap. v. 
Consanguineous Restrictions. 

Post, Familienrechts, pp. 79-87; Grundriss, etc., i., 32-42. 

Huth, The Marriage of Near Kin, London, 1875. 

Reports of the Cambridge Authropological Expedition to 
Torres Straits, Cambridge 1904, vol. v., sec. ix. 

Pahlavi Texts, vol. xviii., in The Sacred Books of the East, 
ii., app. iii., pp. 389-430 (Persian next-of-kin marriage). 

Garcilasso de la Vega, The Royal Commentaries of the 
Yncas, i., 308-310 (royal brother-sister marriage). 



Sexual Choice 171 

Clan Exogamy. 

Frazer, Totemism, pp. 58-69. 
Legal restrictions upon marriage (in legal sense) in United 
States. (Age, prohibited degrees, void and voidable mar- 
riage, etc., legal formality in contracting marriage, etc.) 

Wright, A Report upon Marriage.and Divorce in the United 
States, pp. 28-60. 

Religious Celibacy. 

Lea, The History of Sacerdotal Celibacy. 

NOTE B 

Sexual Selection. 

Sexual selection is a variety of natural selection. The 
strongest, swiftest, bravest, most sagacious, most beautiful, 
or in other respects most pleasing individuals will be the 
most successful in the struggle that is waged between mem- 
bers of the same sex in securing mates. They will leave the 
most numerous progeny, and thereby propagate their own 
characteristics. The selective influence of sexual choice 
accounts for many secondary sexual characters. Darwin, 
The Descent of Man, chap, viii., pp. 210-224. 

Secondary sexual characters are the outcome merely of 
natural selection. Colours, for example, are developed not 
because they are pleasing to mates but because they are 
characteristic of male vigour. The most vigorous males, 
therefore, will propagate their colouring. Wallace, Tropical 
Nature,^. 221-248 ; Darwinism, New York, 1889, chap. x. 

Review of Darwin and Wallace. Typical beauty is the 
full development of visible characteristics belonging to the 
human organism in general ; of those peculiar to the sex; of 
those peculiar to the race. Westermarck, The History of 
Hu??ian Marriage, chaps, xi., xii. 

Sexual selection is only a directive factor in the differen- 
tiation of secondary sexual characters. These characters 
are the outcome of the primary sex difference, a difference 
in metabolism. Thompson and Geddes, The Evolution of 
Sex, London, 1901, chap. ii. 



172 The Family 

The Origin of Exogamy. 

In marriage by capture due to female infanticide and con- 
sequent scarcity of females. McLennan, Studies, etc., pp. 
75-77 ; also Studies, etc., Sec. Ser., chap. vi. 

Marriage by capture. Female infanticide was a result of 
exogamy. Among the lowest groups, male as frequent as fe- 
male infanticide. Latter implies prudence and forethought 
unpossessed by those groups. Lubbock, The Origin of 
Civilisation, pp. 70, 72, 93. 

Female infanticide is a result, not a cause of marriage by 
capture; for the lot of captured wives is unhappy, and 
knowing this their mothers kill their female infants. Again 
a group is unwilling to bring up girls merely to be captured 
by their enemies. Kautsky, Die Entstehung der Ehe, etc., 
p. 261. 

Marriage by capture. Captured wives are war trophies 
and therefore honourable. Exogamy passed from being hon- 
ourable to being required, non-possession of a foreign wife 
being a proof of cowardice. Spencer, The Principles of 
Sociology, New York, 1898, part iii., p. 633. 

Exogamy preceded marriage by capture. The latter was 
a result of aversion to near marriage. Hellwald, Die 
Menschliche Familie, p. 280. 

Marriage by capture is too infrequent to have given. rise 
to exogamy. Crawley, The Mystic Rose, p. 370. 

Due to desire to secure survival of tribe by outside alli- 
ances. Endogamy is a policy of isolation. The alternative 
is between marrying out and being killed out. Tylor, On a 
Method, etc., pp. 266-268. 

Marriage, in itself a legal relation, was not possible 
between persons who as members of the same clan or family 
already stood in a legal relation to one another. Starcke, 
The Primitive Family, pp. 231-232. 

The giving of sisters to men of other groups was an act of 
propitiation, they therefore came to be especially set aside 
for such disposition, and union with their own brethren was 
prohibited. Giddings, Note o?i the Origin of Totemism and 
Exogamy in Annals of the American Academy of Political and 
Social Science, xiv. (1899), p. 275. 



Sexual Choice 173 

Originally sexual intercourse could be accomplished only- 
through force or cunning. These methods were condemned 
within a peace group. Consequently wives had to be con- 
quered outside of the group. Bernhoft, Zur geschichte des 
Europdischen Familienrcchts in Zt. f. vergleichende Rechtswis- 
senschaft, viii., pp. 184-189. 

Young males were excluded from family through jealousy 
of father or male head. They were readmitted on condition 
of respecting father's right to women of group, i. e., his 
wives and daughter-wives. Young males were therefore 
forced into procuring females from outside. Their rights 
to these captured females were in turn respected by the 
father. Father-daughter marriage came to be precluded by 
an appreciation of the advantages of marrying off sisters to 
outside suitors and by female jealousy. Atkinson, Social 
Origins and Primal Law, pp. 229-238, 250-260. 

Exogamy does not of course originate in the desire to add 
new working members to the kinsfolk group, but among the 
lower types of tillers of the soil exogamy is widespread 
because of this motive. Grosse, Die Eor?ne?i der Eamilie y 
etc., p. 173. 

The Origin of Aversion to Incest. 

In the sentiment that evil would come of consanguineous 
marriage. Morgan, Ancient Society, New York, 1887, p. 69. 

Consanguineous marriages are detrimental to the species, 
therefore by natural selection an instinct against them 
comes to be developed. This is expressed as an aversion to 
sexual intercourse with house-mates. Westermarck, The 
History of Human Marriage, pp. 352-353. 

Early associated with the feeling that it is not decent for 
house-mates to marry. Smith, Robertson W., Kinship and 
Marriage in Early Arabia, p. 20 t. 

All sexual intercourse is dangerous and especially that 
between those in close contact. Sexual taboo in general 
concentrates upon house-mates, therefore they are to be 
avoided in marriage. Crawley, The Mystic Rose, pp. 222, 443. 

Marriage by capture was originally the only form of mar- 
riage. Aversion to incest was consequently the correlative 
to exogamy. McLennan, Studies, etc., Sec. Ser., p. 65. 



174 The Family 

The horror of incest is the result of clan exogamy. Ex- 
ogamy is one form of sexual taboo. Because of the primitive 
belief that the blood is the life, woman through her special 
sexual crises is closer to the clan totem than man. Women of 
the same clan as one's own are therefore dangerous and to 
be avoided. Durkheim, La Prohibition de I Pnceste et ces 
origines in L 'Annee Sociologique, 1 896-1 897. 

Based on the biological need of stimulating the blood 
through intermixture ; reinforced through the dislike of 
intermarrying with house-mates, and through male jealousy. 
Moreover, as soon as groups become larger, the satisfaction 
of sexual desire becomes too easy from the point of view of 
health. Exogamy was a means of confining sexual inter- 
course within hygienic limits. Then it became a means of 
strengthening intergroup ties. It was therefore a means of 
both individual and group selection. Steinmetz, Die neueren 
Forschungen zur Geschichte der menschlichen Familie in 
Zt. f. Socialw., ii. (1899), 821. 

Ceremonial Avoidance.* 

Due to indignation prompted by marriage by capture. 
Lubbock, The Origin of Civilisation, pp. 84-85. 

Sometimes an expression of respect for parents-in-law. 
Starcke, The Primitive Family, pp. 239-240. 

It is causally connected with facts of residence, and it is 
expressive of a man's position as an "outsider" in his wife's 
family. Tylor, On a Method, etc., pp. 246-252. 

Just as a man after he is made a man avoids physical 
intimacy with his own mother from sexual taboo, ngiampe 
duty (taboo on house-mates), and inequality of age, so 
a fortiori he avoids it with his mother-in-law. The mother- 
in-law also receives the onus of the sexual taboo that is 
broken between her daughter and son-in-law. Crawley, 
The Mystic Rose, pp. 399-414. 

The Relation between Age-Classes and Incest Regulation. 

First incest prohibitions were based on age-classes. A 

man could not marry women of his mother's or daughter's 

age-class. Then marriage between brothers and sisters, and 



Sexual Choice 175 

sometimes cousins in the first degree. This soon brought 
up horde exogamy, in view of the small size of the horde. 
The totem became the sign of the exogamous consanguineous 
group formed through horde exogamy, and clan exogamy is 
the result. Cunow, Bases iconomiques du matriarcat in Le 
Devenir Social, iv., 46-51. 

Australian Marriage-Classes. 

On southern coast of South Australia, part of the west coast 
of Western Australia, and the south-western coastal district 
of Victoria and New South Wales, the old men appoint young 
married or unmarried women tooar to certain boys. They 
are henceforward forbidden to speak or look at one another. 
The daughter the woman may bear she is expected to give, 
when old enough, to the young man to whom she is tooar, 
and if he have a sister he is expected to give her to one of 
the woman's sons in exchange for his own wife. Marriage 
classes arose from the practice of this custom by coalescing 
tribes. Mathews, The Origin, Organisation, and Ceremonies of 
the Australian Aborigines in Proceedings of the American 
Philosophical Society, xxxix. (1900), 560-570. 

They are the outcome of clan exogamy. In the matro- 
nymic clan, part of the clan will always live on territory be- 
longing to another clan, because wives live in their husbands' 
groups. Occupation of the same territory is assimilated to 
possession of the same totem. Intermarriage therefore be- 
tween the members of clans living on the same territory is 
forbidden and alternating marriage classes arise. Durkheim, 
La Prohibition de I 'Inceste et ses Origines in L 'Annie Sociolo- 
gique (1896-1897), pp. 1 1-25. 

Arise in transition from matronymy to patronymy. Aver- 
sion to marriage into the maternal tribal moiety persists and 
necessitates a new subdivision into eight matrimonial classes. 
Durkheim, Organisation Matrimoniale Australienne in 
L 'Annie Sociologique, viii., 134-136. 

There were two original marriage classes, based on the cus- 
tom of reckoning descent and kinship through one parent 
only. These two classes were subdivided into parent and child 
grades. Wake, The Nature and Origin of Group Marriage in 
/. A. T., xiii, 155. 



176 The Family 

Deliberate arrangements. The effect of the division of 
the tribe into two exogamous halves with all the children 
of the same mother ranged on the same side is to prevent 
the marriage of brothers with sisters ; that into four exo- 
gamous quarters, coupled with the rules that every person 
may marry only into one quarter, and that the children must 
belong to a quarter which is neither that of their father nor 
that of their mother, is to prevent the marriage of parents 
with children. Frazer, The Beginnings of Religion and 
Tote mis m in The Fortinghtly Review, Sept., 1905. 

A deliberately imposed institution to prevent marriage 
between persons of parental and filial generations. Animal- 
named sub-phratries may have been converted into the 
mechanism of the ^asses. Lang, The Secret of the Totem, 

P- 187. 

Originally non-Litermarrying divisions of a horde based 
on three stages of seniority. Prior to totem clans and 
phratries. Cunow, Der Australneger, p. 24. 

NOTE C 

Study the struggle of sexual selection in polygyny. Make a 
study of suicide for love as a result of social checks on freedom 
of sexual choice. Make a comparative study (1) of restrictions 
upon sexual choice based upon affinity; (2) of punishments for 
incest; (3) of territorial marriage restrictions in connection with 
prevailing kinship systems; (4) of motives determining parental 
choice in marriage; (5) of age restrictions. Is there any relation 
between growth of demand for female chastity before marriage 
and clan exogamy or endogamy? Make a thorough study of 
ceremonial avoidance in connection with prevailing endogamous 
or exogamous marriage rules. 

NOTE D 
Veddahs : 

They are endogamous. p. 485. In certain districts fifty years 
ago (1842) sister and daughter marriage occurred. In others 
the younger and not the older sister was married, p. 467. 

Yahgan : 

Strongest and most redoubtable suitor always preferred. H. 
and D., vii., 378. 



Sexual Choice 177 

Marriage generally endogamous. x., 334. A few cases are 
known where a man has had a mother and daughter for wives ; 
but generally there is a great horror of marriage between near 
relatives, vii., 182. 

Very often old men have one or two young wives. Sometimes 
old women have young husbands, but similarity of age the most 
general custom. H. and D., vii., 378. Because of common habit 
of marrying girls to older men, it often happens that young men 
find only widows to marry, vii., 174. 

Central Australians : 

Whilst an undoubted fact that marriage by charming is actu- 
ally practised, not probable that it is of very frequent occurrence, 
for everything depends on the acquiescence of the woman, and 
with the sure knowledge that if caught in act of deserting man to 
whom she has been assigned she will meet with very severe pun- 
ishment and in all probability be put to death, while even if not 
caught she is almost certain to come in for rough handling during 
ensuing quarrel, she is not very easily charmed away from her 
original possessor. Still she sometimes is, and this method 
allows of breaking through of hard and fast rule which for 
the most part obtains and according to which woman belongs 
to man to whom she has been betrothed probably before her 
birth, pp. 543-544. If, through marriage by charming, a man 
obtains wife of another, and the latter comes armed, as he most 
likely will, to resent the interference, then the men who belong to 
group of aggressor will stand by latter and support his claims, if 
necessary by fighting, p. 542. Under no circumstances would 
a man be aided in securing a woman, by charming, of a class into 
which he might not lawfully marry, nor would he, even if suc- 
cessful in doing so, receive any assistance from his friends in 
event of a quarrel arising, as it certainly would, in connection 
with the abduction, p. 542. Occasionally, but rarely, it hap- 
pens that a man attempts to prevent his wife's Piraungaru from 
having access to her, but this leads to a fight and husband is 
looked upon as churlish, p. 63. 

The whole tribe (Urabunna) is divided up into two exogamous 
intermarrying classes (Matthurie and Kirarawa); the members of 
each of these again are divided into a series of totemic groups. 
A Matthurie man must marry a Kirarawa woman and a man of 



178 The Family 

one totem must marry a woman of another totem, certain totems 
being confined to each of the exogamous classes, p. 60. 

Among the Arunta the totem has nothing whatever to do with 
regulating marriage, p. 34. 

In each tribe at the particular time when a woman is being 
handed over to one particular man, especial individuals repre- 
senting groups with which at ordinary times she may have no 
intercourse, have right of access to her. In majority of tribes 
even tribal brothers are included amongst them. It is at least 
very probable that this custom is regarded as pointing back to 
former existence of an exercise of wider marital rights than those 
which now obtain in the various tribes, p. 96. 

Should any man break through the strict marriage laws, head 
men of group or groups concerned consult together with elder 
men, and if offender, after long consultation, be adjudged 
guilty and the determination be arrived at that he is to be put to 
death — a by no means purely hypothetical case — then the same 
elder men make arrangements to carry the sentence out, and a 
party is organised for the purpose, p. 15. Sexual jealousy not 
developed to anything like extent to which it would appear to be 
in many other savage tribes. For a man to have unlawful inter- 
course with any woman arouses a feeling which is due not so much 
to jealousy as to fact that delinquent has infringed upon a tribal 
custom. If the intercourse has been with a woman who belongs 
to the class from which his wife comes, then he is called atna 
nylkna (vulva-thief); if with one with whom it is unlawful for 
him to have intercourse, iturka, the most opprobrious term in 
the Arunta tongue. In the one case he has merely stolen prop- 
erty. In the other he has offended against tribal law. p. 99. 

The initiation in regard to establishing relationship of Piraun- 
garu between a man and a woman must be taken by elder 
brother, but arrangement must receive sanction of old men of 
group before it can take effect, p. 63. 

A man can only marry women who stand to him in rela- 
tionship of Nupa, or else are children of his mother's elder 
brothers, blood or tribal, or what is the same thing, of his 
father's elder sisters, p. 61. 

When a man lends his wife, he only does so to a member of 
his own group, that is to a man to whom, without having been 



Sexual Choice 179 

allotted to him, the woman stands in the relationship of Unawa 
just as she does to the man to whom she has been allotted, p. 74. 

Point Barrow Eskimo : 

A man desires to obtain a w fe who will perform her house- 
hold duties well and faithfully and will be at same time an 
agreeable companion, while he often plans to marry into a rich 
or influential family. The woman appears to desire a husband 
who is industrious and a good hunter. There were nevertheless 
indications that real love matches sometimes took place, p. 410. 
One case was observed where a young man's mother selected a 
girl and invited her to cook and perform other kitchen duties. 
Her conduct proving satisfactory, she was invited to become a 
member of the family, p. 410. In one case a man attempted by 
blows to coerce a girl to live with him, but he was unsuccessful. 

P- 413. 

A man usually selects a wife about his own age, but reasons of 
interest sometimes lead to a great disparity of age between the 
two. There were several men who had married widows or 
divorced women old enough to be their mothers, p. 411. 

Behring Strait Eskimo : 

Stated that anciently when a husband and a lover quarrelled 
about a woman they were disarmed by neighbours and then set- 
tled the trouble with their fists or by wrestling, the victor taking 
the woman, p. 292. 

Unalit frequently marry first cousins or remote blood relatives 
with idea that in such a case wife is nearer to her hus- 
band. One man said that in case of famine if a man's wife was 
from another family she would steal the food from him to save 
her own life, while her husband would die of starvation, but 
should a woman be of his own blood she would share with him. 
p. 291. Brothers and sisters, step-brothers and step-sisters do 
not intermarry, p. 291. 

Central Eskimo : 

Sometimes men choose their wives when grown up and some- 
times a long wooing precedes marriage, p. 579. 

Cousins, nephew and niece, uncle and aunt, not allowed to 
intermarry, p. 579 



180 The Family 

Wyandots : 

Marriage between members of same clan forbidden, p. 63. 
In polygyny wives must belong to a different clan. p. 63. Men 
and women must marry within the tribe. For a man or woman 
without the tribe to be married he or she must be adopted into 
some family of clan other than that to which other party belongs. 
p. 63. 

A man seeking a wife consults her mother, sometimes direct, 
sometimes through his own mother. Mother of girl advises with 
women councillors to obtain their consent and young people 
usually submit quietly to their decision. Sometimes women 
councillors consult with the men. pp. 63-64. 

Melanesians : 

Florida : In old time, in case of intercourse between two mem- 
bers of same kin division, man was killed and woman made a 
harlot. Now money and pigs can condone offence. Banks' Isls.: 
People of the other kin division would come and destroy 
gardens of those who belonged to that in which offence had been 
committed without incurring resistance or complaint. Lepers' 
Isl. : Man had also to make large payment to near relatives of 
woman. Cases of incest, intercourse between kin, were rare in 
all the islands, so strong and fundamental was the feeling against 
it. pp. 23-24. Araga, Pentecost Isl.: Marriages within kin di- 
vision not unknown, but contractors despised and even abhorred, 
although money and pigs having been given and received, the 
marriage stands, p. 26. 

Banks' Isls.: Mutual avoidance practised between a man and 
his mother-in-law. Lepers' Isl.: A man speaks to his mother-in- 
law, but will not approach her. New Hebrides : As soon as 
boy puts on clothing and goes to live at club-house, life-long 
avoidance of mother and sisters begins. He may go to father's 
house to ask for food, but if his sister is within he has to go away 
before he eats. If by chance he meets her in the path, she runs 
away and hides. Reserve between mother and son increases as 
boy grows up. If he asks her for food, she does not give it 
to him directly, but puts it down for him to take. She speaks to 
him in the plural, and sits at a little distance from him, turned 
away. p. 232. Girls were never allowed to go about alone with- 
out mother or elder friend, p. 236. 



Sexual Choice 181 

Banks' Isls. : Within the 2 kin divisions, there are certain 
families who endeavour to keep up by intermarriage the family 
connection of which they are proud, p. 25. 
Ewe-Speaking Peoples: 

Clan exogamy practised. Not now always scrupulously ob- 
served by sea-board tribes, p. 207. 

When a brother inherits a brother's wives more usual (never 
necessary) for union to be consummated than when a nephew is 
heir. p. 205. 

A boy adopted by a priest may not marry one of priest's 
children, p. 144.) 
Tshi-Speaking Peoples: 

Considered very disgraceful for a girl to have intercourse with 
an Odonko (imported slave from interior to north of Ashanti, of 
exceedingly low mentality and inferior to natives), p. 289. 

Marriage within the clan forbidden. (See Y or ub a- Speaking 
Peoples, p.) 297. On Gold Coast marriages of half-brothers and 
half-sisters by different mothers permitted, p. 188 
Yoruba-Speaking Peoples: 

Marriage within known circle of consanguinity forbidden, p. 
176. As a rule relationship not traced farther than second 
cousins, p. 188. 

Affinity no bar. A man may even marry mother and daughter, 
but such marriages do not often occur, p. 188. 
Thompson River Indians. 

Many women have married white settlers of all European 
nations. On other hand, hardly any mixture with Chinese and 
negroes, largely owing to fact that majority of Indians look with 
contempt upon these races, p. 179. 

Cousins forbidden to marry, because of one blood, similar to 
sisters and brothers; and union of distant blood relations dis- 
countenanced. Even if second cousins married they were laughed 
at and talked about, p. 325. 

A widower expected to seek another wife among sisters or 
relatives of deceased wife. p. 325. 

The Lower Thompsons favoured marriage between members of 
different villages, p. 325. 

Youths when at home never washed in close proximity to mar- 
ried people. If a youth should enter a sweat-house where a 



1 82 The Family 

married couple were or had been sweat-bathing together he would 
become a poor man. p. 321. At puberty a girl was at once 
separated from all other people. She was segregated in a 
special hut for 4 months; in ancient times, the Indians say, for a 
year. pp. 31 1-3 17. 

Seems to have been an inclination on part of those who were 
wealthier, more successful, or more industrious, and some more 
distinguished than others to marry their children to other wealthy 
people. The warrior preferred to marry his child to that of 
another warrior equally as distinguished as himself; the hunter to 
marry his child to the child of another hunter or of some enter- 
prising or industrious person rather than to the child of a fisher- 
man, p. 325. 

In most cases husband is about 5 years older than wife; but it 
was by no means a rare occurrence for a. girl to marry a man of 
forty or fifty. In these cases man was almost always a widower 
or already married. Young men seldom married women much 
older than themselves except in cases where a younger brother 
had to take his older brother's widow, p. 322. 

Kabyles : 

Imecheddalen. Thdmamth of a virgin fixed at 50 reals, plus 2 
sheep valued at 8 reals apiece; of a divorced woman at 70 reals 
to husband, and 2 sheep, from 8 to 10 reals in value, to father 
or brother of woman; of a widow, 30 reals and 2 sheep, at 8 
reals, to her relatives. He who receives more than these sums 
pays over to the village council whole value of the thdmamth 
plus a fine of 20 reals, iii., 417. 

Marriage with a negress not theoretically forbidden, but a 
man's family would oppose it, and he would be forced into exile, 
ii., 164. Village of Afenson, some sons killed their father for 
marrying a negress, and this act was publicly approved, 
iii., 101. 

Moslem restrictions are observed, ii., 163-164. Those guilty 
of incest with children of such unions stoned to death, ii., 170. 

Ait Ali Ou Illoul. If a man sell wife who has left him to a man 
of the tribe he can ask only for the value of the thdmamth that he 
originally paid for her. If he attempt to sell her to a stranger 
he is fined an amount equal to that which he would have re- 
ceived for her, bargain is void, and woman is free to marry 



Sexual Choice 183 

whomever she wish, iii., 427. Ait Kani. He who gives a woman 
in marriage into another tribe pays 3 reals, iii., 422. 

Marriage condemned with a disreputable woman or with a 
woman whose relatives engaged in degrading occupations, butch- 
ers, dancers, etc. ii., 165. 

Aoukdal. For adultery between Kabyles, 50 reals fine; be- 
tween Kabyles and Marabouts, 100 reals, ii., 426. Cheurfa, etc. 
He who marries a woman to a Kabyle or who repudiates his wife 
to marry her to a Kabyle, fined 20 reals, iii., 328. Custom op- 
poses marriage of a Kabyle to a professing Jew or Christian, ii.,164. 
Ancient Arabs: 

Ye are not able, it may be, to act equitably to your wives, 
even though ye covet it; do not, however, be quite partial, and 
leave one, as it were, in suspense, iv., 129. 

And do not marry women your fathers married, — except 
bygones, — for it is abominable and hateful, and an evil way; un- 
lawful for you are your mothers, and your daughters, and 
your sisters, and your paternal aunts, and your maternal 
aunts, and your brother's daughters, and your sister's daugh- 
ers, and your foster mothers, and your foster sisters, and 
your wives' mothers, and your step-daughters, who are your 
wards, born of your wives to whom ye have gone in; but if ye 
have not gone in unto them, then it is no crime in you ; and the 
lawful spouses of your sons from your own loins, and that ye 
form a connection between two sisters, — except bygones, — verily, 
God is forgiving and merciful, iv., 26-28. 

Wed not with idolatrous women until they believe, for surely a 
believing handmaid is better than an idolatrous woman, even 
though she please you. And wed not to idolatrous men until 
they believe, for a believing slave is better than an idolater, even 
though he please you. ii., 220. When there come believing 
women, who have fled, then try them ; God knows their faith. 
If ye know them to be believers, do not send them back to the 
misbelievers ; they are not lawful for them, nor are the men 
lawful for these ; but give them what they have expended, and 
it shall be no crime against you that ye marry them, when ye 
have given them their hire. And do not ye retain a right over 
misbelieving women ; but ask for what ye have spent, and let 
them ask for what they have spent. That is God's judgment, 
lx., io-ii. 



1 84 The Family 



Ancient Hebrews : 

Miriam and Aaron spake against Moses because of the Ethio- 
pian woman whom he had married. Numb, xii., i. 

Neither shalt thou make marriages with them (the Hittites, 
Canaanites, etc.) ; thy daughter thou shalt not give unto his son, 
nor his daughter shalt thou take unto thy son. For they will 
turn away thy son from following me ; that they may serve other 
gods. Deut. vii., 3-4. When Samson asked for a daughter of 
the Philistines to wife, his father and his mother said unto him, 
Is there never a woman among the daughters of thy brethren, or 
among all my people, that thou goest to take a wife of the 
uncircumcised Philistines ? Judges xiv., 3. But King Solomon 
loved many strange women, together with the daughter of 
Pharaoh, women of the Moabites, Ammonites, Edomites, 
Zidonians, and Hittites ; of the nations concerning which the 
Lord said unto the children of Israel, Ye shall not go in to them, 
neither shall they come in unto you ; for surely they will turn 
away your heart after their gods. 1 Kings xi., 1-3. Judah hath 
dealt treacherously and an abomination is committed in Israel 
and in Jerusalem, for Judah hath profaned the holiness of the 
Lord and hath married the daughter of a strange god. Mai. ii., n. 

Abraham charged his servant to go unto his kindred and take 
a wife unto his son Isaac. Gen. xxiv. Esau, when he was forty 
years old, took to wife two Hittite women who were a grief of 
mind unto Isaac and Rebekah. lb. xxvi., 34-35. Esau saw 
that the daughters of Canaan pleased not Isaac. Therefore he 
took to wife Mahalath the daughter of Ishmael, son of Abraham. 
lb. xxviii., 8-9. Isaac sent Jacob to take a wife of the daughters 
of Laban, his mother's brother, lb. xxviii., 1-2. Jochebed, 
mother to Aaron and Moses, married her brother's son. Ex. vi., 
20. Tamar, the half-sister of Amnon by the same father, King 
David, besought Amnon when he was attempting to force her, 
saying, I pray thee, speak unto the king ; for he will not with- 
hold me from thee. 2 Sam. xiii., 13. Marriage forbidden 
between half-brothers and sisters, with paternal or maternal aunt, 
with the wife of a paternal uncle, of a brother, with a step- 
daughter, or step-granddaughter, with a sister-in-law, in her 
sister's lifetime. Lev. xviii., 6-18. In fornication with a step- 
mother, daughter-in-law, both shall be put to death. If a man 



Sexual Choice 185 

take a wife and her mother, . . . they shall be burnt with fire, 
both he and they. For fornication with a half-sister, both shall 
be cut off in the sight of their people. For fornication with an 
uncle's wife or a brother's wife, they shall be childless. lb. xx., 
11— 21. Saul's son upbraided Abner, the captain of the hosts, for 
having gone in unto his deceased father's concubine. 2 Sam iii., 
7. David took his ten concubines, who had been violated by 
his son Absalom, and put them in ward and fed them, but went 
not unto them. So they were shut up unto the day of their 
death, living in widowhood. 2 Sam. xx., 3 ; xvi., 21-22. 

Every daughter that possesseth an inheritance in any tribe of 
the children of Israel shall be wife unto one of the family of the 
tribe of his father, that the children of Israel may enjoy every 
man the inheritance of his fathers. Neither shall the inheritance 
remove from one tribe to another tribe. The daughters of 
Zeloph had therefore married their father's brother's sons. 
Numb, xxxvi. 

Priests are forbidden to take a wife that is a whore, or pro- 
fane ; neither shall they take a woman put away from her hus- 
band. Lev. xxi., 7. The high priest was to marry only a virgin 
of his own people. lb. xxi., 13-14. 

Babylonians : 

If a man have known his daughter, they shall expel him from 
the city. § 154. If a man lie in the bosom of his mother after 
(the death of) his father, they shall burn both of them. § 157. 

If a man, after (the death of) his father, be taken in the bosom of 
the chief wife (of his father) who has borne children, he shall be 
cut off from his father's house. § 158. If a man have betrothed 
a bride to his son and his son have known her, and if he (the 
father) afterward lie in her bosom and they take him, they shall 
bind that man and throw him into the water. § 155. If his 
son have not known her, but he himself lie in her bosom, 
he shall pay her one-half mana of silver and he shall make good 
to her whatever she brought from the house of her father and the 
man of her choice may take her. § 156. 

Ancient Hindus : 

A twice-born man should carefully avoid marrying into a 
family in which no male children are born, one the members of 



1 86 The Family 

which have thick hair on the body, are subject to hemorrhoids, 
phthisis, weakness of digestion, epilepsy, white or black leprosy. 
He should not marry a maiden with reddish hair or a redundant 
member, with no hair on the body or too much, with red eyes, 
one who is quarrelsome or sickly. She should have an auspicious 
name, be free from bodily defects, have a graceful gait, a 
moderate quantity of hair on head and body, small teeth, and soft 
limbs, iii., 7-10 ; also ii., 33. To a distinguished, handsome 
suitor, of equal caste, should a father give his daughter . . . , 
though she have not attained the proper age. But the maiden, 
though marriageable, should rather stop in the father's house 
until death, than that he should give her to a man destitute of 
good qualities, ix., 88-89. 

A damsel who is neither a Sapinda (the Sapinda relationship 
ceases with the seventh person in the ascending and descending 
lines) on the mother's side, nor belongs to the same family, 
i. e. y is not a Samanodaka (this relationship ceases when the 
common origin and the existence of a common family name are 
no longer known) on the father's side, is recommended in 
marriage to twice-born men. iii., 5 ; also v., 60. Giving a 
daughter to a brother is a minor offence, causing loss of caste, 
xi., 61, 67. 

If a brother, even if duly authorised, have intercourse with a 
sister-in-law, except in time of misfortune, or a ather with a 
daughter-in-law, they become outcasts, ix, 57-58, 63. Inter- 
course with sisters by the same mother, or with daughters-in-law, 
is a mortal sin. xi., 59. 

For the first marriage of twice-born men, wives of equal caste 
are recommended ; but for those who through desire proceed to 
marry again, the following rule holds : A Sudra woman alone 
can be the wife of a Sudra, she and one of his own caste, the wives 
of a Vaisya, those two and one of his own caste, the wives of a 
Kshatriya, those three and one of his own caste, the wives of a 
Brahmana. The marriage of a Brahmana to a Sudra wife an 
inexpiable offence. After death he will sink into hell. If he 
beget a son by her, he loses the rank of a Brahmana. iii., 12-19. 
Libations of water shall not be offered to those born of an illegal 
mixture of the castes, v., 89. If a maiden court a man of low 
caste, let her father force her to live confined in her house. A 



Sexual Choice 187 

man of low caste making love to a maiden of the highest caste 
shall suffer corporal punishment, viii., 365-366. If a Sudra 
have intercourse with a twice-born unguarded woman, he is to 
be castrated and lose all his property ; if guarded, he is to suffer 
death. If a Vaisya, or Kshatriya, with a guarded Kshatriya 
woman, or a Kshatriya with a guarded Vaisya woman, the Vaisya 
shall be fined 500 panas and the Kshatriya, 1000. If they 
offend with a guarded Brahmani, who is also the wife of an 
eminent man, they shall be punished like a Sudra or be burned 
in a fire of dry grass. For intercourse with a guarded Sudra 
woman they shall be fined 1000 panas ; with an unguarded 
Kshatriya, a fine of 500 panas for a Vaisya. For intercourse 
with guarded Vaisya and Kshatriya women a Brahmana shall be 
fined 1000 panas ; with unguarded or with a Sudra, 500 ; with a 
woman of the lowest castes, 1000. viii, 374-385. 

A twice-born man should not marry into a family, be it ever so 
wealthy, who neglects the sacred rites or the study of the Veda. 
iii., 6-7. No Brahmana is to form a connection through marriage 
with one who has not been initiated, ii., 40. 

A man aged 30 shall marry a maiden of 12 who pleases him, or 
a man of 24 a girl of 8; if the performance of his duties would 
otherwise be impeded, he must marry sooner, ix., 94. Allowing 
one's younger brother to marry first, marrying before one's elder 
brother, are minor offences, causing loss of caste, xi., 61, 67. 
The elder brother who marries after the younger, the younger 
brother who marries before the elder, the female with whom such 
a marriage is contracted, he who gives her away, and the 
sacrificing priest . . . all sink into hell, iii., 172. 

Ancient Chinese : 

One must not marry a wife of the same surname with oneself 
Hence, in buying a concubine, if he do not know her surname, 
he must consult the tortoise-shell about it. xxvii., 78. Even 
after a hundred generations there may be no marriage 
between those of the same surname. xxviii., 63. None 
of the concubines in a house should be employed to wash the 
lower garments of a son. xxvii., 77. When a married aunt or 
sister or daughter returns home on a visit, no brother of the 
family should sit with her on the same mat or eat with her from 
the same dish. Even the father and daughter should not occupy 



1 88 The Family 



the same mat. Ibid. If a son have two concubines, one of 
whom is loved by his parents, while he himself loves the other, 
yet he should not dare to make this one equal to the former 
whom his parents love, in dress, or food, or the duties which she 
discharges, nor should he lessen his attentions to her after their 
death. If he very much approves of his wife, and his parents do 
not like her, he should divorce her. If he do not approve of his 
wife, and his parents say, "She serves us well," he should behave 
to her in all respects as his wife, without fail, even to the end of 
her life. Confucius said: "The elder son, even though 70, 
should never be without a wife to take her part in presiding at 
the funeral rites." xxvii., 316. An elder brother's wife and his 
younger brother do not wear mourning for each other; the 
object being to maintain the distance between them, xxvii., 147. 
Ancient Romans: 

The right of intermarriage between Roman citizens and 
Latins or aliens does not in all cases exist. J. i., x. , § 13. 
Marriage forbidden within third degree. If marriage with 
the daughter of any person forbidden, marriage with grand- 
daughter is likewise. J, i., x. y §§ 2, 3. A man may marry his 
brother's daughter, but not a sister's daughter. G. i., 62. A man 
may not marry his brother's daughter. J. i., x., § 3. Of course, a 
brother and sister are forbidden to marry, whether they are the 
children of the same father and mother or of one of the two 
only. G. i., § 6 and J. i., x., § 2. First cousins may marry. 
J. i., x., § 3. Marriage with a step-daughter, a daughter- 
in-law, a step-mother, a mother-in-law, forbidden. G. i., § 63. 
J. i., x. y §§ 6-9. The relationship between slaves forms an 
impediment to marriage if father and daughter or brother and 
sister have been manumitted. Ibid., § 10. Marriages between 
adoptive ascendants and descendants, and between unemanci- 
pated adoptive brother and sister, or with adoptive maternal or 
paternal aunts, forbidden. Ibid., §§ 1-3. No right of intermar- 
riage between patricians and plebeians. Table xi. Between free 
men or women and slaves. J. i., x., % 13. 
French: 

161. Marriage prohibited between all legitimate or natural 
ascendants and descendants and relatives by marriage in 
direct line. 162. Between legitimate or natural brothers and 



Sexual Choice 189 

sisters and relatives by marriage in same degree. 163. Be- 
tween uncle and niece, aunt and nephew. 164. Nevertheless 
the king (the President of the Republic) may, for serious reasons, 
remove the prohibitions to marriages between brothers-in-law 
and sisters-in-law, and between uncle and niece, aunt and 
nephew. 

348. The adopted shall remain in his real family and shall re- 
tain all his rights: nevertheless, marriage is prohibited : between 
adopter, adopted and his descendants ; the adopted children 
of the same person, the adopted and the children who may be 
born to the adopter; the adopted and the husband or wife of the 
adopter, and reciprocally between the adopter and the husband 
or wife of the adopted. 
People of the United States: 

Marriage between negroes or Indians or Chinese and whites 
forbidden in several States. § 17, N. 2. 

Marriage within third degree of civil reckoning prohibited. 
Illegitimate and half-blood kindred included. In some States 
first-cousin marriage also prohibited. Incestuous marriages void 
and offenders liable to imprisonment if aware of relationship. 
Some marriages of affinity prohibited by a local statute, and yet 
not void. § 16, N. 2. 



LECTURE IX 

BETROTHAL AND MARRIAGE CEREMONIAL AND RELATIONS 

BETWEEN HUSBAND AND WIFE EXCLUSIVE 

OF ECONOMIC RELATIONS 

WE have already referred to betrothal and mar- 
riage ceremonial in discussing parental owner- 
ship and sexual choice. At present let us consider in 
greater detail the various methods in mate-getting 
with their significance for conjugal relations. 
Marriage by Forms of marriage by capture have been classified 

capture , . 

as forms which are essential to the marriage and 
forms which are merely symbolical. The former 
class may be redivided into cases (i) where the 
owner or guardian of the woman is not con- 
sidered, (2) where the former is compensated after 
the abduction, (3) where abduction is a legal require- 
ment although it is preceded by the consent of owner 
or guardian. 

The capture may be either with or without the 
consent or connivance of the captured woman. This 
is an important distinction, although in discussions of 
the subject it is often overlooked. In the one case we 
have as a rule an exogamous occurrence, so to speak, 
conjugal captor and captive belonging to different 
hostile groups, and in the other case an endogamous 
occurrence, groom and bride belonging to the same 

group. It is perhaps rather difficult to distinguish 

190 



Betrothal and Marriage Ceremonial 191 

the latter type of capture from certain forms of more 

or less group-sanctioned elopement. The distinction 

has an obvious bearing upon parental control and 

upon the time relations of marriage by capture to 

marriage by purchase. 1 

Details of marriage by barter, service, or purchase Marriage by 

-ir free consent 
were given in Lecture IV.; so that marriage by tree 

consent alone remains to be considered. This ar- 
rangement occurs in all cultural stages except in 
those patriarchal societies where marriage by pur- 
chase is rigidly developed. In marriage by free 
consent the marriage gift or gifts are made to the 
bride herself. As we have seen in considering bride- 
price, dower, and dowry, a transition often occurs 
from marriage by purchase to marriage by free con- 
sent, or rather in such cases by free contract, for in 
this transition the contractual element in marriage by 
purchase is retained, the contract only being made 
directly with the bride. 

As ceremonial in general is the home of social sociaiyw&or 
fossils or survivals, so in betrothal and marriage rites «remoniai 
many survivals of outgrown conjugal relations occur. 
Similarly incorporated in this ceremonial may be 
found relics of disused methods of mate-getting. 
Rape symbols, for example (sham running away Rape and 
with the bride, bride-catching or racing, lifting her purc a8esym 
over her new threshold, tearing her clothes, mock 
conflict with, or siege or avoidance of, her rela- 
tives, weeping or opposition on her part, etc.), are 
commonly explained in most cases as survivals of 

1 It may be found that the endogamous form of marriage by capture is a 
transition form between marriage by purchase and marriage by free contract. 
The exogamous form, on the other hand, may exist side by side with all forms 
of mate-getting. 



19 2 The Family 

marriage by capture. Of interest is the fact that with 
the rape symbol there is often a considerable degree 
of freedom of choice on the part of the courted 
woman. In bride-racing, for example, she may have 
the privilege of not submitting to capture when she 
Distinction be. dislikes the would-be captor. In this connection the 

tween ceremonial 

and non-ceremoniai observer is warned not to confuse the rape symbol 
with the conventionalised expression of sexual shy- 
ness or opposition, or with grief at home-leaving 
on the part of the bride. Wedding-gifts, including 
forms of dower or dowry, are also explained as 
survivals of marriage by purchase. Again the ob- 
server is warned not to confuse the gift as an out- 
giuwn bride-price with the gift as a favour-winning of- 
fering, or compact of alliance, or pledge of devotion or 
of good conduct or of ability to support a family. In 
communities, for example, which are so economically 
developed that private property and exchange barely 
exist, ingratiatory gifts, or pledge-gifts, can of course 
not be interpreted as bride-price fossils. Such wooing- 
gifts are rather the incipient forms of a bride-price. 
Where, on the other hand, marriage by purchase is 
well defined in the lower classes of a society, whereas 
only marriage gifts are found in the upper classes, 
the latter may safely be taken as bride-price 
survivals. 

Betrothal and Mating ceremonial is also frequently anticipative of 

marriage ceremo- i 1 • i • 1 i i 

niai anticipative of the relations which are expected to exist between 
conjugal relations husband and wife# The brI de, f or example, may pre- 

pare or bring food or drink to the bridegroom, or she 
may eat or drink with him. (Ceremonial eating 
together is not always anticipative of future practices, 
for a taboo of commensality may follow the marriage 



Betrothal and Marriage Ceremonial 193 

rites.) The bride may also prepare garments for the 
groom or his relatives. The groom may be given a 
whip, etc., by the bride's father, in token that she is 
passing from the subjection of father to that of hus- 
band. The wrists, fingers, ankles, or clothes of bride 
and groom may be bound together in sign of union. 
Rings, girdles, etc., may be exchanged. Many other 
union symbols, whether or not expressive of the break- 
ing of sexual taboo, as has been alleged, are wide- 
spread. Cutting the hair of the bride, casting aside 
her ornaments, trinkets, etc., often enter into marriage 
ceremonial, in token, it is supposed, of wifely con- 
stancy and single-heartedness. Ceremonial indicative 
of the adoption of the bride by the groom's family is 
not uncommon under patriarchal organisation. Dif- 
ferences in social rank are often expressed in marriage 
ceremonial, the ceremonial of one class being different 
from that of another, or, as we have seen, gradations 
of rank among the wives are also shown in differences 
in marriage ceremonial. Marriage ceremonial in case 
of a widow or a divorced woman may also differ from 
that in use in the marriage of a virgin. Indian pat- 
marriage is a marked instance. The ceremony takes 
place at night and is much curtailed. 

There are few known cases in which marriaee is Public and religious 
entered into with so little form or ceremonial that the 
coming together of relatives or group members does 
not celebrate the occasion. A marriage feast is gen- 
erally customary, and festivities may be prolonged for 
several days, or even months. The requiring of formal 
witnesses by the group and of a more or less public 
announcement or contract is of great interest as ex- 
pressing and defining the group's conception and 



celebration of 
marriage 



i 9 4 



Effects of methods 
of mate-getting on 
position of wife 



Points contracted 
for in marriage by 
purchase 



The Family 



marriage as a social act. The religious 
and sanction of marriage has a like 



sanction of 
celebration 
interest. 

Marriage by purchase makes for a more favourable 
position for the wife than marriage by capture. It also 
makes separation from her husband much more difficult 
for her. A bride-price brings with it a full realisation 
of the economic value of the bride. She is looked 
after as a more or less valuable chattel. Marriages by 
purchase, including marriage by barter or service, may 
also be in the nature of a contract with the woman's 
first owner, her parents or male kinsfolk. If the 
agreement be broken, for example, either by the 
groom or the bride's family before the consummation 
of the marriage, the bride-price or marriage gifts or 
settlements may have to be returned, and sometimes 
a line or indemnity has to be paid in addition. Again, 
if the woman die before marriage, sometimes before 
she has borne a child, her relatives may be bound to 
substitute another woman, commonly a sister, in her 
place, or, in either case, they may be bound to return 
the bride-price in whole or in part. If the wife leave 
her husband, or commit adultery, her family may be 
called upon to return her or the bride-price or some 
other form of indemnification to him. They may also 
be called upon to punish her for adultery. (Let us 
note in this connection that marriage by purchase has 
probably been influential in promoting the observance 
of female chastity before marriage and of wifely 
fidelity in marriage.) On the other hand, the bride's 
family frequently more or less tacitly stipulate for her 
protection and support. In case of neglect or mal- 
treatment, she is entitled to return to her own family, 






Betrothal and Marriage Ceremonial 195 

and her family may even, in some groups, under such 
circumstances, retain the bride-price. If the bride- 
price is paid in installments, her family commonly 
retains special rights over her until the sum is paid 
up. Part of the bride-price may even remain inten- 
tionally unpaid, so that her family may retain a partial 
right in her. If she die, either at the hands of her 
husband or not, he may have to indemnify her family. 
Again, her family, instead of her husband, may exact 
compensation for injuries received by her. 

The place of residence after marriage has also much influence of place of 
weight in determining conjugal relations. As in J^j D " after 
the ba } al and mot '# marriages of the ancient Arabs, 
it may even enter into the form of marriage. Where 
a separate household is not established, the husband 
may live in the wife's group, the wife in the husband's, 
or both husband and wife may continue to live in his 
or her own group. (In this last case the intercourse 
of husband and wife may be required to be ceremoni- 
ally clandestine for varying periods.) If the husband 
live with the wife's family, she is naturally more inde- 
pendent of him than if she go with him to his family. 
In the latter case, she is frequently adopted into his 
kin, thus cutting off still further her claim upon the 
group in which she was born. When she is adopted 
in this way, her husband's rank, goods, and in some 
cases name, become hers. She is identified with him. 
Similarly a husband living in his wife's group may 
be adopted into it. The nearness or remoteness 
of the home group of either bride or groom is also of 
weight in this connection. 

In the same group different practices in regard to Di ff"ent residence 

or I o and mate-getting 

residence, as well as methods of mate-getting, may practices in same 



196 



The Family 



Wifely 
subservience 



exist. Frequently important families retain their 
married daughters with their husbands and children, 
although the general practice of the group is for the 
wife to follow her husband. Again, if the groom is 
unable to pay the bride - price, he may live with 
his wife permanently or temporarily, until the sum 
is served out, etc., in her family. Even where 
marriage by service is well defined, there may be a 
tendency for the older and stronger men to rebel 
against it. Ceremonial marriage or betrothal visits 
are of interest in this connection, as they may rep- 
resent transitions in residence customs. 

In spite of some of these restrictions upon marital 
power, the wife's relation to her husband is com- 
Maritai punishment monly one of subservience. In most societies he may 
punish her by death, mutilation, blows, imprisonment, 
etc., for infidelity, disobedience, or laziness. Casting 
her off either by sending her back to her family or by 
selling her to another man is also a common form of 
punishment. In most communities the divorced wife 
occupies an inferior social position. It is more or less 
difficult to remarry. Permission to remarry may even 
rest, as we have seen, with the husband who divorces 
her. Disowned by her own family as well, she 
may, where a prostitute class exists, be forced into 
it. 

In concubinage, the head-wife is not as subservient 
to her husband as the inferior concubines, and in the 
same society, whether ethnic or civil, wives of high 
rank or of higher economic or cultural classes may 
not be as subservient as those of low rank or of lower 
economic or cultural classes. In the following lecture 
on the economic relations of married persons, we 



Inequality of sub- 
servience of wives 
in same family 
or community 



Betrothal and Marriage Ceremonial 197 

shall consider the economic subordination among 
wives in polygyny. 

With all degrees of marital power or ownership it ^ r 1 i i t t ^ g respon " 
is more or less tacitly incumbent upon a husband to 
protect and provide for his wife. Moreover mutual 
conjugal sympathy and affection exist to a greater 
or less extent in almost all societies. Not uncom- 
monly the wife is consulted and advised with by her 
husband and she may have considerable influence 
with him. Various practices and beliefs are also 
indicative of conjugal sympathy. Circumcision may Practices indicative 

.,, riii«ri 1 of mutual sympathy 

be practised because of the belief that harm may and affection 
befall the uncircumcised man's wife. Couvade prac- 
tices and the custom of conjugal abstinence during 
pregnancy and lactation are frequently followed for 
the good of the mother as well as for that of off- 
spring. In case of difficult labour, a great variety of 
practices are observed by the husband. A husband 
may not'eut his hair lest harm befall his wife. Simi- 
larly when a man is hunting or fighting, certain 
sympathetic practices must be observed by his wife to 
insure his success or avert disaster. 

There is probably no non-economic condition which The effect of 

rr . . . c ancestor-worship 

has as much effect upon the position of the wife as upon the position 
ancestor-worship. Under ancestor-worship, her func- ° ea " wie 
tion of maternity is plainly differentiated from purely 
economic functions. As the mother of sons who 
alone can continue the family worship, she is an 
important person. This fact is frequently expressed 
in the part assigned her in the celebration of the 
religious rites. It should be noted, however, that it 
is only the head-wife who profits, directly at least, 
from exercising these functions. It should also be 



198 



The Family 



Customs of sexual 
differentiation an- 
tagonistic to con- 
jugal sympathy 



noted that marked forms of marriage by purchase, 
disadvantageous to women, are usually found among 
ancestor-worshipping peoples. 

As Professor Westermarck has well pointed out, 1 
ethnographers are very remiss in observing conjugal 
relations. Their statements are frequently contradic- 
tory in regard to the subjection of wives and the 
consideration in which wives are held. In many cases 
no doubt this contradiction exists in the group itself, 
and the only fault of the observer is in failing to 
make this clear. 2 

We should note, on the other hand, many general 
customs which, making for sexual differentiation in 
general, tend to separate the interests and check the 
sympathies of husband and wife. Cases in point are 
the existence of separate educational, political, juridi- 
cal, religious 3 and moral systems for men and women, 
the hard and fast differentiation of almost all eco- 
nomic activities along sex lines, the differentiation of 
games and amusements, of dress, of language 4 and 
literature according to sex, sexual segregation in 
general, and in particular sexual taboos resulting from 
the idea of dangerous influences emanating from one 
sex to another, notably taboos of commensality, and 
of associating with women at times of nubility, men- 

1 See p. 230. 

3 See pp. 203, 204. Here again a woman student would have many opportunities 
for observing the life of women and children that male ethnographers have lacked. 

3 See p. 200 for reference to sex totems for a striking religious or perhaps, 
according to recent theory, economic differentiation. 

4 Husband and wife may never speak the same language. This sometimes 
happens in clan exogamy or in marriage by capture. Let us note incidentally 
that the probability of there being more marked differences between husband 
and wife in marriage by capture than in other forms of mate-getting is an- 
other reason for the unfavorable influence of the former upon the position of 
the wife. 



Betrothal and Marriage Ceremonial 199 

struation, pregnancy, and child-birth, or at times of 
male crises, i.e., initiation, during betrothal, or on the 
eve of hunting or fighting expeditions or religious 
celebrations, 

NOTE A 

Methods of Mate-Getting. 

Post, Grundriss, i., 286-320. 

Wilutzky, Vorgeschichte des Rechts, i., 141-160. (Marriage 
by capture) lb., i., 163-185 (Marriage by purchase). 

Hellwald, Die vienschliche Fa?nilie, chap, xviii. (Marriage 
by purchase). 

Marriage by Free Contract in England. 

Howard, A History of Matri??wnial Institutions, i., chap. vi. 
Marriage Ceremonial. 

Westermarck, The History of Human Marriage, pp. 
417-421. 

Crawley, The Mystic Rose, pp. 33-58, 163-178, 350-365, 

372-387- 

Rape Symbol. 

McLennan, Studies, etc., chap. ii. and App. Note A. 
Abercromby, Marriage Customs of the Mordvins in Folk- 
lore, i. 

Public Celebration of Marriage. 

Report of the Royal Commission on the Laws of Marriage, 
London, 1894. 

Marriage by Purchase a Factor in Female Chastity. 
Hellwald, Die menschliche Fa?nilie, chap. xix. 

Protection of Married Women by their Families. 
Stein metz, Fthnologisehen Studien, etc., ii., 88-96. 

Marital Authority and Subjection of Wife. 

lb., ii., 254-305. (Includes discussion of child-betrothal, 
of parental or familial right over sexual choice in general 
and of punishments for illegitimate sexual intercourse ) 



200 The Family 

Westermarck, The Origin and Development of the Moral 
Ideas, London and New York, 1906, pp. 629-655. 
Kalevala, Runes xxii., xxiv. 
Laws of Manu, pp. 195-197, 327-336. 
Effect of Ancestor-Worship upon Wife's Status. 

Hearn, The Aryan Household, London and Melbourne, 
1879, PP. 86-91. 
Sex Totems. 

Howitt, Native Tribes of South- East Australia, pp. 148- 151. 
Sex Taboos. 

Crawley, The Mystic Rose, pp. 214-217. 
Pahlavi Texts in The Sacred Books of the East, v., 276-285. 
Oxford, 1880. (In menstruation.) 
The Harem. 

Hellwald, Die menschliche Eamilie, pp. 417-431. 

NOTE B 
Extent of Marriage by Capture. 

An universal practice. McLennan, Studies, etc., chap, 
iv.; Studies, etc., Sec. Ser., chap. vi. 

Capture neither an exclusive nor an actual form of mar- 
riage. Cases of rape should not be confused with regular 
forms of marriage. Letourneau, The Evolution of Marriage 
and of the Family, London, 1891, pp. 89-94. 

Not an universal practice in its juridical sense, i.e., as a form 
of marriage in distinction to possession through capture. 
Bernhoft, Die Principien des europdischen Familienrechts in 
Zt.f. vergleichende Rechtswissenschaft, ix., 392-394. 
The Meaning of the Rape Symbol. 

A survival of marriage by capture. Lubbock, The Origin 
of Civilisation, p. 72. 

Originated from capture within the group. An expression 
of parental, etc., opposition, of female coyness. Spencer, 
The Principles of Sociology, i., 634-639. 

An expression of the sorrow of the bride on leaving her 
family. Starcke, The Primitive Family, pp. 218, 262. 

Symbolises former rape practices, likewise the subjec- 



Betrothal and Marriage Ceremonial 201 

tion of the wife. Letourneau, The Evolution of Marriage, 

P- 95- 

Originated in the desire to obtain for nothing what could 
otherwise be acquired only by a purchase fee. Wake, The 
Primitive Human Family in J, A. I., ix., 10. 

Neither marriage by capture nor marriage by purchase is 
as common an occurrence as is usually supposed, for so- 
called rape symbols and marriage gifts are not survivals of 
such practices. They are expressions of sexual shyness, or 
opposition, or pledges of union, exchanges of personality. 
Crawley, The Mystic Rose, pp. 367-370, 387-388. 

The lifting of the bride over the threshold is not a rape 
symbol. Crooke, The Lifting of the Bride in Folklore, 
xiii., 226 ff. 

Order of Genesis of Methods of Mate-Getting. 

Marriage by purchase developed from marriage by cap- 
ture. Lippert, pp. 42, 95-118 ; Kohler in Zt.f. vergleichende 
Rechtswissenschaft, v., 336, vi., 333 ff. ; Dargun, Mutter- 
recht und Vaterrecht, i., 152-153 ; Spencer, The Principles 
of Sociology, i., 637. 

Marriage by capture is prior to marriage by purchase. 
The offering of compensation for a stolen bride to escape the 
vengeance of her family passed into the custom of offering 
them presents beforehand. Westermarck, The History of 
Human Marriage, p. 401. 

This theory originated with Wilken : Over de Primitieve 
Vormen van het Huwelijk en dei?i Oorsprong van het Gezin, 
De Indische Gids (1880), ii., 660-661. 

The practice of wife-purchase has an important place in 
the development of the system of composition. Compen- 
sation for bride-stealing may in many cases have been the 
source of composition in general. Steinmetz, Ethnologische 
Studien, etc., i., 422-427. 

Marriage by capture is an outcome rather than an ante- 
cedent of marriage by purchase. Hildebrand, Recht und 
Sitte auf den verschiedenen Kulturstufen. Jena, 1896, first 
part, pp. 7-10. 

Marriage by capture is a comparatively late form of bride- 
getting. The rape symbol is characteristic of warlike 



202 The Family 

tribes in which war-captured wives are prestigeful trophies. 
Grosse, Die For men der Familie y etc., pp. 105-108. 

NOTE C 

Make a detailed study of betrothal customs and ceremonial. 
Make a comparative study (1) of marriage by capture, showing 
when it is endogamous and when exogamous, (2) of marriage by 
purchase (barter or service) and endogamy and exogamy, (3) of 
marriage by barter, (4) of marriage by free consent or free 
contract in relation to other forms of mate-getting, (5) of 
marriage by free contract, noting particularly the form and 
content of the contract, (6) of alleged rape symbols, (7) of 
alleged bride-price fossils (noting the economic development in 
general of the group). Give a history of prescribed (1) public (and 
non-religious), of (2) religious celebration of marriage. Make a 
comparative study of marriage or betrothal visits and customs 
of residence. Study the differences in sexual segregation and 
consequent effect on conjugal relations in different classes in a 
given civilisation. Study the exclusion of woman from magical 
or religious organisations, noting in particular the secrecy ob- 
served toward uninitiated males and females of all ages. 

NOTE D 
Veddahs : 

Marriage ceremonial differs in different districts. In some, no 
ceremonial whatsoever. In others, presents brought to parents of 
the bride, and in others, again, couple make for each other and 
exchange girdles, p. 461. 

Slavish subordination of wives does not exist. Treated kindly 
and in some cases even respectfully, p. 468. 

Yahgan : 

Bride paints her face, and puts on necklaces which she has 
been presented with. Hair on her forehead is cut. H. & D., 

vii., 378. 

Marriage by capture is sometimes found, x., 334. 

Before and after marriage husbands work for parents of wife 
until she bears a child. They are then exempt ; but thereafter 
occasionally make presents to parents-in-law of fish, grease, dug- 



Betrothal and Marriage Ceremonial 203 

outs, harpoons, and always bound to come to aid of father-in-law 
if necessary, vii., 172. 

Young husbands, particularly those who do not own their own 
dug-out, live for a long time with parents of wife to whom they 
tender many services ; but this does not happen in the case of 
older men or of men who are noted for physical strength or for 
their influence with their fellows. The new household becomes 
independent when the husband makes for himself a dug-out. In 
exceptional cases, husband lives for good with wife's family. H. 
& D., vii., 378. Son-in-law and daughter-in-law treat parents- 
in-law with great respect, vii., 172. 

Neither father nor brother interfere in a daughter's or sister's 
behalf against her husband, unless she is seriously maltreated. 
Then they carry her off and give her to another man. vii., 172. 

The wife must obey husband, x., 332. 

The well-behaved wife independent and respected, x., 332. 

Childbirth generally takes place out-of-doors. Men not 
present. H. & D., vii., 375. 

Central Australians : 

Marriage by capture at present, whatever it may have been in 
the past, by no means the rule. It is only comparatively rarely 
that a native goes and seizes upon some lubra in a neighbouring 
tribe ; by far most common method of getting a wife is by means of 
an arrangement made between brothers or fathers of respective 
men and women, whereby a particular woman is assigned to a 
particular man. p. 104. 

When a man is desirous of securing a woman living in a distant 
group and belonging to the proper class for himself, it makes no 
difference whether she be already assigned or not to some other 
man — indeed she is perfectly sure to be so — he goes into the bush 
taking a small wooden Churinga marked with a design of his own 
totem and accompanied by 2 or 3 friends who may be of any 
relationship to him. All night long the men keep up a low sing- 
ing of Quabara songs together with the chanting of amorous 
phrases of invitation addressed to the woman. At daylight the man 
stands up alone and swings the Churinga causing it first to strike 
the ground as he whirls it round and round and makes it hum. 
Sound of humming is carried to ears of far distant woman and 
has power of compelling affection and of causing her sooner or 



204 The Family- 

later to comply with summons, pp. 541-542. A charmed 
head-dress is sometimes worn conspicuously by man so that 
desired woman can see it. By some mysterious means her atten- 
tion is drawn to it and she becomes violently attracted to man. 
At night, if possible, when all is quiet she creeps into his camp. 
pp. 542-543. As love charms women will sometimes make and 
"sing" special fur-string necklets, which they place around the 
man's neck, or they may simply charm a food and give it to the 
man to eat. p.. 548. 

In his wallet the native carries a kind of knout which has the 
form of a skein of string, and is supposed, by men and women 
alike, to be of especial use and efficacy in chastising women. 

P. 3°- 

Sound of bull-roarer believed by women to be voice of spirit 
Twanyirika who has taken a boy away from them into the bush. 
The existence of this spirit is taught to both uninitiated youths 
and women, p. 246. 

Point Barrow Eskimo : 

Several cases where bridegroom became a member of wife's 
family, p. 410. 

A man has unlimited authority in his own hut, but with few 
exceptions his rule is mild and position of women is one of 
comfort and enjoyment, p. 414. There were a few cases of 
wife-beating, chiefly among the younger men. In one case a wife 
gave her husband who had attempted to abuse her a thorough 
beating and then left the house, p. 414. Disagreements between 
man and wife sometimes lead to blows in which the man does not 
always get the best of it. p. 41. 

Wife consulted on all important occasions, p. 427. 

Small rude tents used as habitations for women during confine- 
ments and for sewing-rooms when they are working on deerskins 
in the autumn, p. 86. In each village one or more large build- 
ings used for dancing and for men's working-room or club-house. 
pp. 79-80. 

Behring Strait Eskimo : 

Groom takes a new suit of clothes to bride's home, puts them 
on her and she becomes his wife. p. 291. 

If parents of either have no children at home, newly married 



Betrothal and Marriage Ceremonial 205 

couple go to live with them, otherwise they set up their own 
establishment. The wife is considered to become more a part 
of the husband's family than he of hers. p. 291. 

In one case a woman walked 75 miles in order that her confine- 
ment might take place among her own people, p. 290. Kashim 
or club-house the common sleeping-place for men. Women and 
children live in houses apart, and men sleep with their families 
only occasionally, p. 285. The dwelling-houses are the domain 
of the women, p. 288. During festivals, dances, etc., women 
gather in Kashi??i as spectators, and sometimes take part in per- 
formances, p. 287. The Kashim is essentially the house of the 
men. During performance of certain rites women rigidly ex- 
cluded, p. 286. Games played there in winter by men and boys 
and twice or three times a day food brought by women from sur- 
rounding houses. Unmarried men sleep there at all times as they 
have no recognised place elsewhere, p. 286. Among Malemut 
and southward the girl at puberty must live by herself in a corner 
of the house with her face to the wall for four days. p. 291. 
Among Unalit if a young man should approach a girl during her 
four days' seclusion at puberty he would become visible to every 
animal he might hunt. p. 291. Formerly among Unalit a woman 
in her first confinement was isolated for a certain period. In one 
case a woman was put in a small brush hut covered with snow 
and her food was handed her by her husband through the small 
opening. Despite intensely cold weather, kept there about two 
months, p. 289. Those possessing power over the invisible world 
are usually men, but this power is sometimes held by women, p. 
427. 

Central Eskimo : 

Sometimes man and wife do not set up a household at once, 
but each remains at home. Property necessary for establishing 
new family is hunting gear of man and knife-scraper and lamp 
and cooking-pot of woman. Usually the young couple 
must begin housekeeping with young wife's family, and young 
man, if belonging to a strange tribe, must join that of his wife. 
Not until after his parents-in-law are dead is he entirely 
master of his own actions. Residence with wife's family 
a check upon polygyny. Only when new family settles on its own 



206 The Family 

account is a man at full liberty to take additional wives, p. 579. 

Husband not allowed to maltreat or punish his wife ; if he does 
she may leave him at any time. p. 579. 

In confinements women isolated in small huts or snow houses, 
p. 610. For two months after delivery a woman is not allowed 
to enter any hut but her own. p. 611. For a year after death of 
an infant a woman may not enter a hut until men in it have come 
out. p. 612. 

Wyandots : 

Groom makes such presents to mother as he can. Bride- 
groom and bride make promises of faithfulness to parents and 
women councillors of both. p. 64. 

For a short time at least bride and groom live with bride's 
mother. The time when they will set up housekeeping for them- 
selves is usually arranged before marriage, p. 64. Husbands live 
in clans of wives. Retain all rights and privileges in their own 
clan. p. 63. 

Melanesians : 

Araga : Sham fight between kinsmen of bride and kinsmen of 
groom at marriage feast, p. 240. 

Lepers' Isl. : Formerly couple ate together as a sign of union. 
p. 242. 

Banks' Isl.: A jealous wife or husband or a husband quarrel- 
ling with his wife would formerly commit suicide, pp. 243-244. 

Pentecost Isl.: Reserve in speaking exercised by engaged 
couples before giving of property for girl is complete, lalag. p. 

45- 

Ewe-Speaking Peoples : 

At puberty a girl visits her friends and relatives decked in hex- 
best clothes and jewelry. Should she be unbetrothed, a suitor 
sends a man and a woman to her father's house with two large 
flasks of rum. If accepted, flasks are returned to him empty. 
He then sends two more full flasks, with two heads of cowries 
and two pieces of cotton cloth for the girl. Then head-money 
proper is negotiated. Gift of cowries and cloth constitutes 
betrothal. On wedding-day groom sends a messenger about day- 
1 break with rum to bride's parents, who are reluctant to send her 



Betrothal and Marriage Ceremonial 207 

to him. So with a second messenger. At the third messenger, 
towards sunset, her family escort her to groom's house. Feasting, 
and about midnight four matrons conduct bride to groom's room 
and say: "If she pleases you and behaves well treat her kindly. 
If she behaves ill, correct her." After living with groom seven 
days, she returns to her old home. Seven days later she cooks 
food and sends it to her husband. He sends a present in return, 
and that evening she returns to him permanently. A second 
feast follows, pp. 155-157. 

Should a betrothed girl die, parents bound to substitute 
another, p. 206. When an adulterous wife who is sold by her 
husband to her paramour dies, her family must replace her by 
another girl or refund head-money to second husband, p. 203. 

Head wife consulted by husband, and sometimes her opinion 
has weight, p. 204. 

Tshi-Speaking Peoples : 

A wife occupies a position between that of a servant and a 
slave. Never regarded as equal of her husband, p. 114. 

Three months after childbirth mother makes offerings to family 
god, and only then allowed to go about town. p. 233. 

Yoruba-Speaking Peoples : 

Wedding-day appointed after consultation with priest. Not 
uncommon for newly married couples to visit some shrine and 
offer sacrifice together, pp. 153-154. 

In divorcing for adultery husband can claim back bride-price. 
If wife is divorced for any cause but adultery, husband can not 
claim back bride-price, p. 186. When a man systematically 
neglects his wife, he can be summoned by her family to a palaver. 
But, if he fail to improve, she may leave him, and sometimes, if 
he be of inferior rank, her family tie him up and flog him. p. 
187. 

Thompson River Indians : 

In another form of marriage [besides " placing down "], equally 
honourable, and probably commonest, girl's parents singled out 
man, and approached him or his parents. The betrothal was an 
inviolable engagement. The young man, when invited, did not 
at once repair to the bride's house to claim her, but generally 



208 The Family- 

waited several days until told by his parents to do so. He 
stayed at her parents' house several days, then took her to his 
father's house, where she was well treated and not allowed to do 
any work. After a few days or weeks or even a month or more, 
young man's father called neighbours together and informed them 
of his intention to conduct newly-married couple back to house 
of bride's father. Friends and neighbours then gave bridegroom's 
father presents of food and other articles. On day set father 
presented his son, and mother her daughter-in-law, with a new 
suit of clothes; father generally gave daughter-in-law two horses. 
Bride's father given presents of food, and a feast made for all. 
Afterwards couple gave their new clothes to bride's parents, who 
gave them to some of bride's kin. Bride and groom left with 
bride's family. After a while the friends made a return visit, 
conducting couple back to bridegroom's parents, couple being 
mounted on horses presented to bridegroom by father-in-law. p. 
323. Among Lower Thompsons, wealthy people, if pleased with 
the son-in-law, returned marriage presents to him. This custom 
was exceptional, and may have been introduced from Coast 
Tribes. Done only by some of the rich. Sometimes a part of 
the presents only was returned, p. 322. 

If a young man intentionally touched a young woman with his 
arrow, the same as asking her to become his wife. If she hung 
down her head, it was taken as an assent. Two days afterwards 
young man went to her house, and if people called him son-in- 
law and treated him well, he knew that he was accepted, p. 324. 
If a man touched a girl even accidentally, he had to marry her. 
If he touched her naked breasts or heel, he transformed her at 
once into his wife, and there was no retraction for either party. 
p. 323. Youngwomen also hadthe privilegeof touchingyoung men. 
A man not compelled to take to wife girl who had touched 
him, though he usually did so. Some girls who touched a man 
and were not accepted felt greatly ashamed and committed 
suicide, p. 324. Custom of marriage by "touching" has long 
been out of use ; but the other forms of marriage still obtain. 
p. 325. Sometimes a young man would go to a girl's house after 
everyone had gone to bed. He would quietly lie down beside 
her on edge of her blanket. Sometimes she would give an alarm 
and he would have to run out, but often she would ask who he 



Betrothal and Marriage Ceremonial 209 

was. If she did not care for him she told him to leave or struck 
him ; but if she liked him she said no more. He lay this way on 
top of her blanket, she underneath, neither of them talking till 
near daybreak ; then he crept noiselessly away. He would come 
and do likewise for three nights more. On the fourth and last 
night she would put her arm and hand outside the blanket. 
This was a sure sign that he was accepted. Therefore he took 
her hand in his. From that moment they were man and wife. 
After a feast prepared by girl's mother young man would hence- 
forth live with his wife. Sometimes the girl's parents gave no 
feast, lad's parents did ; then the girl's father took her to bride- 
groom's house, and she lived with him and his people. In this, 
as in all forms of marriage by touching, as a rule, no presents 
were given nor were ceremonial visits made. p. 324. 

If a man resides with his wife's people for a year and makes 
his home mostly among them, considered a member of that tribe 
or band. The same is the case with a woman who lives among 
her husband's people, p. 325. A married couple lived with or 
visited their respective parents just as they felt inclined, p. 322. 
On the whole wife followed husband to live with his family, 
p. 292. 

Considered man's duty to beat wife if she were lazy, or 
admonish her, etc. p. 295. 

It was also his duty to protect her. p. 295. If a woman has 
a hard delivery, her husband goes to the water and bathes. He 
must dive or plunge once so that his whole body is covered. 
Then he runs to his house nude with exception of his breech- 
cloth, and walks or runs around it four times, following sun's 
course. Then he enters, and stands at his wife's head. After 
this she will give birth to the child quickly, p. 305. Widows 
and widowers had to sleep on a bed made of fir branches spread 
with rose-bush sticks for a year. They had to wash themselves 
in creeks, etc., for a year, otherwise they would be visited with 
sore throat, loss of voice or of sight. Forbidden to eat venison 
or flesh of any kind, etc., for a year. Abstained from smoking 
for half a year. The hair was cut short or square across the 
neck. Buckskin thongs worn around the ankles, knees, and neck 
were cut off at the end of a year unless they had fallen off sooner. 
A widower should not marry unless they had fallen off. pp. 332-334. 



210 The Family 

Two or three generations ago women seldom or never smoked. 
Smoking was looked upon as privilege solely of men. Only such 
women smoked as laid claim to being strong in "medicine." p. 
300. Women played a game of dice with beaver teeth. A game 
played with a number of sticks was engaged in almost altogether 
by the men. A ring-and-spear game was played altogether by 
men. A guessing game was played principally by men. Many 
Spences Bridge women used to play it, but they had a different 
song for it from the men. A ball game was played by young 
men. Sometimes for the amusement of the men, the women were 
persuaded to play la crosse. Shooting games, jumping games, 
foot- and horse-races, wrestling matches, tugs-of- war, etc., played 
by the boys and men. Swimming a favourite amusement. The 
men and women always bathe in different places, pp. 272-281. 
Women have no voice in the war councils, nor in any other 
matters of importance, p. 290. 

Every woman had to isolate herself during menstruation. To 
eat in company with, to have any intercourse with, or even to 
wear clothes or moccasins made or patched by a woman during 
this period would give the hunter bad luck, and also cause bears 
if they smelled him to attack him fiercely, p. 326. 

Kabyles : 

He who follows a marriage procession and throws stones or 
dung, fined 1 real. Relatives of groom escort bride, firing off 
guns. Children and men follow and excite relatives to fire by 
stone-throwing. This regulation is to prevent the quarrels 
caused by this practice, iii., 380. Imecheddalen : The day 
when the bridegroom is to lead the bride to his house all the 
men of the village accompany him to her house. He who stays 
away is fined 2 reals, iii., 417. 

Ir'il-en-zekri. If a bride dies in her husband's home before he 
has completed payment of thdmamth, he must complete it. If she 
dies in her father's house before going to her husband, he need 
not complete payment, but neither need father return what 
he has already received, iii., 436. Ait Ousammer, etc. He who 
marries a woman and refuses to pay over th&mamth, fined 50 reals. 
If bride's parents refuse to hand her over, they are compelled to 
do so and are fined 50 reals, iii., 378. Akbil. If a bridegroom 



Betrothal and Marriage Ceremonial 211 

leave his wife in her father's house one year (when he has not 
enough money to complete the thdmamth or when he wishes to 
marry another) and her father complain, he is fined 10 reals, iii., 
365. Iazzouzen Bouadda. If a woman desert her husband, her 
relatives give her husband 150 reals, if their fortune suffices ; if 
not, her kharouba pays the sum. iii., 436. Kcar. He who kills 
his wife pays 50 reals to the relatives and a fine of 30 reals, iii., 
440. Ait Souala. If a widow with children remarries and then 
leaves her second husband to live with her children, they must 
return from their patrimony the thdmamth paid by him. iii., 432. 

Ait Aissi. Murder of a husband is a crime against community 
and wife is stoned by entire village, iii., 71. If a husband strike 
his wife and she withdraw to home of another where her husband 
follows her, he (the husband) is fined 1 real, iii., 345. Ibethran. 
Everyone clothes his wife and treats her as he pleases; the com- 
plaints of a wife in this respect are not listened to. iii., 434. In 
illness wife must be well cared for by husband. He must furnish 
her with medicines and nourishing food, ii., 169. 
Ancient Arabs : 

Men stand superior to women in that God hath preferred some 
of them over others, and in that they expend of their wealth ; and 
the virtuous women, devoted, careful (in their husbands' absence), 
as God has cared for them. But those whose perverseness ye 
fear, admonish them and remove them into bed-chambers and 
beat them ; but if they submit to you, then do not seek a way 
against them, iv., 38-39. Your women are your tilth, so come 
into your tillage how you choose, ii., 224. 

Those of you who die and leave wives behind, let these wait 
by themselves for four months and ten days ; and when they 
have reached the prescribed time, there is no crime in them for 
what they do with themselves in reason, ii., 234. And when you 
ask them [the Prophet's wives] for an article, ask them from be- 
hind a curtain ; that is purer for your hearts and for theirs. There 
is no crime against them if they speak unveiled to their fathers, 
or their sons, or their brothers, or their brothers' sons, or their 
sisters' sons, or their women, or what their right hands possess 
xxxiii., 53, 55. 

Ancient Hebrews : 

Samson and his parents went down to see the woman Samson 



212 The Family 

wished to marry. Samson talked with her and she pleased him 
well. And after a time he returned to take her. . . . His 
father went down unto the woman : and Samson made there a 
feast ; for so used the young men to do. The feast lasted seven 
days. Judges xiv., 5-17. 

When the daughters of Shiloh came out to dance in dances, 
the children of Benjamin lay in the vineyards and came out and 
took them wives, according to their number, of them that danced, 
whom they caught. Judges xxi., 20-23. If thou seest among the 
captives a beautiful woman and hast a desire unto her, that thou 
would have her to thy wife ; thou shalt bring her home to 
thine house and she shall shave her head and pare her nails ; and 
she shall put the raiment of her captivity from off her, and shall 
remain in thy house and bewail her father and her mother a full 
month : and after that thou shalt go in unto her, and be her 
husband, and she shall be thy wife. And it shall be, if thou have 
no delight in her, then thou shalt let her go whither she will, but 
thou shalt not sell her at all for money, thou shalt not make mer- 
chandise of her, because thou hast humbled her. Deut. xxi., 10-14. 

Boaz said : Ruth, the Moabitess, have I purchased to be my 
wife. Ruth iv., 10. In lieu of bride-price, Saul required 100 
foreskins of the Philistines from David. 1 Sam. xviii., 25. And 
the servant sent by Abraham to get a wife for his son Isaac, 
brought forth jewels of silver, and jewels of gold, and raiment, 
and gave them to Rebekah : he gave also to her brother and to 
her mother precious things. Deut. xxiv., 53. 

A certain Levite gave over his concubine to some revellers to 
abuse in order that he himself might escape. Judges xix., 22-28. 
If a wife make a vow and her husband disallow her on the day 
that he hears it, he shall make her vow wherewith she bound 
her soul, of none effect : and the Lord shall forgive her. Numb. 
xxx., 6-8. 

Therefore shall a man leave his father and his mother and 
shall cleave unto his wife. Gen. ii., 24. 

Anticipating the appearance of Jehovah on Mt. Sinai, Moses 
said unto the people : " Be ready against the third day : come 
not at your wives. Ex. xix., 15. 

Babylonians: 

If a man who has brought a present to the house of his father- 



Betrothal and Marriage Ceremonial 213 

in-law and has given the marriage settlement, look with longing 
upon another woman and say to his father-in-law, " I will not take 
thy daughter," the father of the daughter shall take to himself 
whatever was brought to him. § 159. On the other hand, if the 
father say, " I will not give thee my daughter," he shall double 
the amount which was brought to him and return it. § 160. If 
the groom's friend slander him, and if his father-in-law say, " My 
daughter thou shalt not have," he (the father-in-law) shall double 
the amount which was brought to him and return it, but his 
friend may not have his wife. § 161. If his father-in-law do not 
return to him the marriage settlement, he may deduct from her 
dowry the amount of the marriage settlement and return (the 
rest) of her dowry to the house of her father. § 164. 

If a woman bring about the death of her husband for the sake 
of another man, they shall impale her. § 153. 

Ancient Hindus : 

Brahma rite — gift of a daughter, after decking her with costly 
garments and honouring her by presents of jewelry, to a man 
learned in the Veda and of good conduct, whom the father 
himself invites. Daiva rite — gift of a daughter, decked with 
ornaments, to a priest who duly officiates at a sacrifice, during 
the course of its performance. Arsha rite — gift of a daughter 
when the father has received from the bridegroom for the fulfil- 
ment of the sacred law a cow and a bull or two pairs. Praga- 
patya rite — gift of a daughter after the father has addressed the 
couple, " May both of you perform together your duties." 
Asura rite — when groom receives a maiden after giving as much 
wealth as he can afford, according to his own will, to the kins- 
men and the bride herself. Gandharva rite — voluntary union of 
a maiden and her lover, springing from desire. Rakshasa rite — 
forcible abduction of a weeping maiden from her home after her 
kinsmen have been slain or wounded. Pisakas rite — seduction 
of a sleeping, intoxicated, or disordered girl by stealth, — a base 
and sinful rite. First six lawful for a Brahmana, four last for a 
Kshatriya and, excepting the Rakshasa rite, for a Vaisya and 
a Sudra. The sages state that the first four are approved for a 
Brahmana, the Rakshasa, for a Kshatriya, and the Asura for a 
Vaisya and Sudra. The Institutes of Manu declare that the 
Pisakas and Asura rites are unlawful, and must never be used. 



2i4 The Family 

For Kshatriyas the Gandharva and Rakshasa are permitted by 
the sacred tradition. The ceremony of joining hands is pre- 
scribed for marriages with women of equal caste. On marrying 
a man of higher caste, a Kshatriya bride must take hold of an 
arrow, a Vaisya bride of a goad, and a Sudra female of the hem 
of a bridegroom's garment, iii., 20-24. For stealing a woman 
a man after death becomes a bear, vii., 67. 

If, after one damsel has been shown, another be given to the 
bridegroom, Manu ordains that he may marry them both for the 
same price, viii., 204. No good man has ever promised a 
daughter to one man and given her to another, ix., 99. If the 
giver of the nuptial fee dies, the damsel, with her consent, shall 
be given in marriage to his brother, ix., 97. 

No crime, causing loss of caste, is committed by swearing 
falsely to women, the objects of one's desire, at marriages, viii., 
112. The husband who weds his wife with sacred texts always 
gives happiness to her, in this world and in the next, v., 153. 
The husband is referred to as the lord and owner of his wife. 
ix., 32, 42-43, 46. If a wife obeys her husband, she will for that 
reason alone be exalted in heaven. ... A faithful wife who 
desires to dwell after death with her husband must never do 
anything that might displease him, alive or dead. ... By vio- 
lating her duty towards him, after death she enters the womb of a 
jackal and is tormented by diseases, v., 155-156, 160-161, 164-166. 
Having committed a fault she may be beaten in the same way as 
a son, etc. viii., 299-300. In childhood a female must be sub- 
ject to her father; in youth, to her husband; when her lord is 
dead, to her sons ; a woman must never be independent. . . . 
The betrothal by the father or guardian is the cause of the 
husband's dominion. Though destitute of virtue, or seeking 
pleasure elsewhere, or devoid of good qualities, yet a husband 
must be constantly worshipped as a god by a faithful wife, v., 
147-167. 

A wife is protected by her husband. She may not be cast off 
except for a crime causing loss of caste — penalty for casting her 
off a fine of 600 panas by the king. He who carefully guards 
his wife preserves the purity of his offspring, virtuous conduct, 
his family, himself, and his means of acquiring merit, viii., 389; 
ix., 3, 57. Between wives who are destined to bear children, 



Betrothal and Marriage Ceremonial 215 

who secure many blessings, who are worthy of worship and ir- 
radiate their dwellings, and between the goddesses of fortune who 
reside in the houses of men there is no difference whatsoever. 
Offspring, the due performance of religious rites, faithful service, 
highest conjugal happiness, and heavenly bliss for the an- 
cestors and oneself, depend on one's wife alone, ix., 26, 28. 
One's wife must be considered as one's own body, iv., 184. 
Where women are honoured by father, brothers, husbands, 
brothers-in-law, there the gods are pleased; but where they are 
not honoured no sacred rite yields rewards. Where they live in 
grief, the family soon wholly perishes, iii., 55-58. The husband 
receives his wife from the gods; he does not wed her according 
to his own will, doing what is agreeable to the gods; he must 
always support her while she is faithful, ix., 95. Men, i. e., 
relatives, should honour women on holidays and festivals with 
gifts of ornaments, clothes, and dainty food, iii., 59. 

Ancient Chinese : 

The bridegroom himself stands by the carriage of the bride, 
and hands to her the strap to assist her in mounting, — showing 
his affection. Having that affection, he seeks to bring her near 
to him. It was by such reverence and affection for their wives 
that the ancient kings obtained the kingdom. In passing out 
from the great gate of her father's house, he precedes and she 
follows, and with this the right relation between husband and 
wife commences. The woman follows and obeys her husband : 
in her youth she follows her father and elder brother; when mar- 
ried she follows her husband; when her husband is dead she 
follows her son. " Man " denotes supporter. The dark-coloured 
cap (the dress in sacrificing), and the preceding fasting and vigil, 
with which the bridegroom meets the bride, make the ceremony 
like the service of spiritual beings. Husband and wife ate to- 
gether of the same victim, — thus declaring that they were of the 
same rank. Hence while the wife herself had no rank, she was 
held to be of the rank of her husband, and she took her seat ac- 
cording to the position belonging to him. On the day after the 
marriage, the wife having washed her hands, prepared and pre- 
sented a sucking-pig to her husband's parents; and when they 
had done eating, she ate what was left, as a mark of their special 



216 The Family 

regard. They descended from the hall by the steps on the west, 
while she did so by those on the east; — so was she established in 
the wife's or mistress's place. At the marriage ceremony they 
did not employ music, — having reference to the feeling of soli- 
tariness and darkness natural to the separation from parents. 
There was no congratulation on marriage, — it indicates how one 
generation of men succeeds to another, xxvii., 439-442. The gen- 
tleman went in person to meet the bride, the man taking the 
initiative and not the woman, xxvii., 440. The ceremony of 
marriage was intended to be a bond of love between two families 
of different surnames, with a view, in its retrospective character, to 
secure the services in the ancestral temple, and in its prospective 
character, to secure the continuance of the family line. There- 
fore the superior men set a great value upon it. Hence in regard 
to the various introductory ceremonies, — the proposal, with its 
accompanying gift (always a goose); the inquiries about the lady's 
name; the intimation of the approving divination; the receiving 
of the special offerings; and the request to fix the day, — these all 
were received by the principal party on the lady's side, as he 
rested on his mat or leaning-stool in the ancestral temple. When 
they arrived, he met the messenger and greeted him outside the 
gate, giving place to him as he entered, after which they ascended 
to the hall. There were the instructions received in the ancestral 
temple, and in this way was the ceremony respected, and watched 
over, while its importance was exhibited and care taken that all 
its details should be correct. The father himself gave the special 
cup to his son, and ordered him to go and meet the bride; it 
being proper that the male should take the first step. The bride's 
father met him outside the gate, and then the son-in-law entered, 
carrying a wild goose. After the customary bows and yieldings 
of precedence, they went up to the ancestral hall, when the bride- 
groom bowed twice and put down the goose. Then and in this 
way he received the bride from her parents. After this they 
went down, and he went out and took the reins of the horses of 
her carriage, which he drove for three revolutions of the wheels, 
having handed the strap to assist her in mounting. He then went 
before and waited outside his gate. When she arrived, he bowed 
to her as she entered. They ate together of the same animal and 
joined in sipping from the cups made of the same melon; thus 



Betrothal and Marriage Ceremonial 217 

showing that they now formed one body, were of equal rank, and 
pledged to mutual affection. The respect, the caution, the im- 
portance, the attention to secure correctness in all the details, and 
then the pledge of mutual affection, — these were the great points 
in the ceremony, xxviii., 428-430. Confucius said: " The family 
that has married a daughter away does not extinguish its candles 
for three nights, thinking of the separation that has taken place." 
After three months she presents herself in the ancestral temple 
(of her husband) and is styled " the new wife that has come." A 
day is chosen for her to sacrifice at the shrine of her (deceased) 
father-in-law; expressing the idea of her being now the estab- 
lished wife, xxvii., 322. Rising early the morning after mar- 
riage, the young wife washed her head and bathed her person, 
and waited to be presented to her husband's parents, which was 
done by the directrix, as soon as it was bright day. She ap- 
peared before them, bearing a basket, with dates, chestnuts, and 
sliced dried spiced meat. The directrix set before her a cup of 
sweet liquor, and she offered in sacrifice some of the dried meat 
and also of the liquor, thus performing the ceremony which de- 
clared her their son's wife. The father-in-law and mother-in-law 
then entered their apartment, where she set before them a single 
dressed pig, thus showing the obedient duty of their son's wife. 
Next day the parents united in entertaining the young wife, and 
when the ceremonies of their severally pledging her in a single cup, 
and her pledging them in return, had been performed, they de- 
scended by the steps on the west and she by those on the east, 
thus showing that she would take the mother's place in the family, 
xxviii., 430-431. Zang-zze asked, " If the lady die before she has 
presented herself in the ancestral temple, what course should be 
adopted ? " Confucius said: " Her coffin should not be removed 
to the ancestral temple, nor should her tablet be placed next to 
that of her mother-in-law. The husband should not carry the 
staff ; nor wear the shoes of straw ; nor have a special place for 
wailing. She should be taken back, and buried among her kin- 
dred of her own family, — showing that she had not become the 
established wife." xxvii., 322. The ceremony of marriage is the 
beginning of a line that shall last for a myriad ages. There must 
be sincerity in the marriage presents. Presents are interchanged 
before the parties see each other, — this reverence serving to 



218 The Family 

illustrate the distinction that should be observed between man 
and woman, xxvii., 439, 440. 

When an aunt or sister died leaving no son, if her husband also 
were dead, and there were no brother or cousin in his relative 
circle, some other of her husband's more distant relatives were 
employed to preside at her mourning rites. None of a wife's 
relatives, however near, could preside at them. If no distant 
relative even of her husband could be found, then a neighbour on 
the east or the west was employed. Some say one of her rela- 
tives might preside, but her tablet was placed by that of the proper 
relative of her husband, xxviii., 162-163. For a female member of 
the family who had married, and for whom therefore mourning 
was not worn, the hempen sack was assumed, xxvii., 374. Slight 
mourning is worn for an aunt and an elder and younger sister, 
when they have been married; the reason being that there are 
those who received them from us, and will render to them the 
full measure of observance, xxvii., 147. 

The partner of a son of Heaven is called "the queen"; of a 
feudal prince, " the helpmate "; of a great officer, "the attend- 
ant"; of an inferior officer, "the serving woman"; of a common 
man, " the mate." From the honourable women downwards, each 
member of the harem (royal) called herself "your handmaid." 
xxvii., 113. In sacrificing to a husband he is called " the sovereign 
pattern." xxvii., 118. A bride should be admonished to be up- 
right and sincere. Faithfulness is specially the virtue of a wife. 
Once mated with her husband, all her life she will not change her 
feeling of duty to him, and she will not marry again, xxvii., 439. 

What are the things which men consider right? Righteous- 
ness on the part of the husband, and submission on that of the 
wife, xxvii., 379-380. Anciently it was required of a man to show 
respect to his wife and son. The wife was the hostess of the 
deceased parents ; could any husband dare not to show her 
respect? xxvii., 266. 

The observances of propriety commence with a careful atten- 
tion to the relations between husband and wife. The men occu- 
pied the exterior of the house, the women the interior. The 
mansion was deep and the doors were strong, guarded by porter 
and eunuch. The men did not enter the interior, the women did 
not come out into the exterior. The wife did not presume to 



Betrothal and Marriage Ceremonial 219 

hang up anything on the pegs or stand of her husband ; not to put 
anything in his boxes or satchels ; nor to share his bathing-house. 
It was not until husband and wife were seventy that they deposited 
their pillows and mats in the same place, xxvii., 470-471. When 
a young lady is promised in marriage, unless there be some great 
occasion, no male enters the door of her apartment, xxvii., 77. 
Male and female without the intervention of the matchmaker do 
not know each other's name. Unless the marriage presents have 
been received there should be no communication or affection 
between them, xxvii., 78. 

Ancient Romans : 

Wife defeats husband's acquisition of marital power through 
one year's possession by absenting herself for three consecutive 
nights in each year. Table vi. Formerly women might fall under 
marital power in one of three ways, viz : by use, by the ceremony 
of spelt cake, and by fictitious purchase. Use brought a woman 
under marital power when she continued as a married woman to 
occupy her husband's house for a whole year without interrup- 
tion, for she was then, as it were, acquired by uninterrupted use 
through one year's possession, passing into her husband's family 
and filling the place of daughter. But this regulation has been 
abolished, partly by legislation and partly by disuse. In the 
ceremony of the spelt cake a kind of sacrificial offering to Jupiter 
is made in the presence of ten witnesses in which spelt 
cake is used and many observances gone through. This right is 
practised even in our times ; for, the greater flamens — that is, the 
priests of Jupiter, Mars, and Quirinus, as also the sacrificial 
priests, unless they are the issue of a marriage by the spelt cake 
ceremony, cannot be selected nor can they hold office, unless 
their own marriage was contracted in the same way. Women 
fall under the marital power through a fictitious purchase made 
by means of the process of formal conveyance — that is, a kind of 
imaginary sale, in which, in the presence of not less than five wit- 
nesses, Roman citizens, above the age of puberty, and a scale 
bearer, the husband buys the woman. The woman goes through 
this form with her husband in order that she may stand related 
to him as a daughter. She may also go through it with her hus- 
band or with some other person for a judiciary purpose, e.g. to 
escape from guardianship. Formerly, this practice was resorted 



220 The Family 

to for making a testament. For at that time, with the exception 
of certain persons, women had not the right of making a testa- 
ment unless they had gone through the fictitious purchase and 
had been again formally sold and afterwards released from power. 
Under Hadrian the Senate dispensed with the necessity of the 
fictitious purchase. No matter what has been the reason that 
has brought the wife under the marital power of her husband, it 
is settled that her rights which then commence are those of a 
daughter. G. i., §§ 108-115 B; J. i., xi. Women may be sold 
by their fictitious purchasers by the same formal process used in 
the case of children when sold by their ascendant. G. i., § 1 18 ; J. 
i., xi. If it be asked in what consists the difference between the 
fictitious purchase of a woman, and the process of formal sale, it 
is that she who goes through the forms of the fictitious purchase, 
is not reduced into a servile condition. G. i., § 123; J. L, xi. 

French : 

165. Marriages shall be celebrated publicly in the presence of 
civil officer of domicil of one of the two parties. 

213. A husband owes protection to his wife ; a wife, obedience 
to her husband. 214. A wife is bound to live with her husband 
and to follow him wherever he deems proper to reside. The 
husband is bound to receive her, and to supply her with what- 
ever is necessary for the wants of life, according to his means and 
condition. 212. Husband and wife owe each other fidelity, 
support, and assistance. 

People of United States : 

All marriages procured by force or fraud void. § 23. 

Celebration either before a clergyman or with participation of 
some civil officer required ; but unless local statute positively 
directs that marriage without such formal ceremony be held void, 
informal marriage (common-law marriage) valid. § 29. 

Husband has right to fix matrimonial domicile where he 
pleases. § 37. Any contract which husband may make before 
marriage not to take wife away from neighbourhood of her parents 
void. Strong disposition to reduce this marital right of fixing 
domicile, particularly when wife has the fortune which supports 
family. § 38. An alien woman marrying a citizen of the United 
States becomes a citizen also. § 39. A wife goes by her husband's 



Betrothal and Marriage Ceremonial 221 

surname ; but proceedings under assumed name of a married 
woman have been upheld. § 40. 

Force to compel submission of a wife so as to injure her health 
or threaten disease is legal cruelty. Husband has not the right of 
physical constraint. § 45. Husband and wife may be indicted 
for assault and battery upon each other. § 48. A husband may 
sue for damages all persons who seek to entice his wife away or 
induce her to live apart from him. § 41. In some States a wife 
has same right. § 41 N. 1. Wife is husband's representative or 
executive officer in the household. Expected to conform to his 
habits and tastes, even to his eccentricities, provided her health 
be not seriously endangered ; but whether he can obtain redress, 
if she rebels against oppressive discipline, extremely doubtful. 
§ 46. Wife's duty to love, honour, and obey ; husband's to love, 
cherish, and protect. He is head of the house, and if wife's 
wishes and interests clash with his, she must yield. § 35 N. 2. 

In general, husband may be charged with wife's necessaries. 
§71. Inability of a husband to support wife is not a ground for 
divorce. § 42. 



LECTURE X 

ECONOMIC RELATIONS BETWEEN HUSBAND AND WIFE 

Division of labour A CCORDING to economic conditions, the hus- 
and W wife hUSband ** band is hunter, fisherman, herdsman, tiller of 
the soil, trader, and, in predominantly industrial socie- 
ties, the chief or only wage- or salary-earner of the 
family. The wife digs roots, gathers berries, seeds, 
fruits, and shell-fish, carries burdens, rows her hus- 
band's canoe or boat, cares for his nets and traps and 
weapons, dresses skins, works in the garden and field, 
looks after the domestic animals, prepares food and 
clothes and domestic vessels, and provides, in general, 
for the economic needs of the household. In migra- 
tory groups, carrying, in the absence of beasts of 
burden, naturally falls to the women, for the men 
must be free to hunt for, or protect against animal or 
human aggressors, the women and children. In pas- 
toral communities, herding, which has developed from 
hunting, naturally falls to the men, although the 
women may in some cases milk and drive the cows to 
pasture. In the primitive forms of nomadic agricul- 
ture which develop out of seed and plant collecting, 
and which are found among hunting or herding 
peoples, all the work of cultivation, except the clear- 
ing of the ground, is generally done by the women. 
Under the wage-earning system, the wife may also 
supplement her husband's wages or under special 
conditions be the sole wage-earner of the family. 



Economic Relations 223 

In polygyny, particularly in concubinage, there is Division of labour 

, , . . . r 1 * r r or functions in 

commonly a division of labour or ot functions among polygyny 
the wives. Sometimes the younger or more pleasing 
serve for the sexual gratification of their husbands or 
for child-bearing, 1 while the older who are past child- 
bearing become the house or field drudges. Some 
times, on the other hand, the first or older wife may 
have the supervision of the younger and subordi 
nate wives. When each wife has a separate home, 
a division of labour is naturally to a great extent 
precluded. 

The division of a society into highly differentiated wage-system, and 
economic classes brings with it the exemption of the P 0l yeyny 
wives .( and children ) of the higher economic classes 
from productive labour. Slavery and the wage-system 
become substitutes for polygyny in its utilitarian 
aspects. The type of concubinage to which we have 
just referred, in which the concubines are markedly 
inferior, and economically subordinate, to the wife is 
an early example of this substitution. The custom 
of the bride giving the slave-girl whom she has re- siave-giri dowry 
ceived from her parents as a dowry to her husband 
as a concubine is particularly interesting in this con- 
nection. Likewise the fact that it is not unusual for 
a wife to urore her husband to take another wife or a 
concubine in order to lighten her own labour. When obligatory absten- 
in the development of a leisure class leisurely occu- S« by tetaure^taaa 
pations or non-productive activities become badges of wife 
reputability, abstaining from productive labour may 
even become obligatory upon wives as expressing the 

1 If these women are permanently differentiated into child-bearers and non- 
child-bearers, as in the case of the Greek hctaira and the modern demi- 
mondaine^ the latter class are not of course in a marriage relation at all. 



224 The Family 

superior economic position held in the community by 
Effect upon wives their husbands. A change of habit on the part of the 

of inferior economic . . ° . rr 

classes wives of the superior economic class effects a corre- 

sponding, although necessarily slighter, change in the 
lives of the wives of inferior economic classes. 

Effect of marital Marital ownership more or less precludes the inde- 

ownership on pro- . .... - , 

perty rights of pendent holding or inheriting of property by wives. 

women. The wife rj^, . c • i ir r c ^ 01 1 

isherseifaformof 1 he wife is herself a form ot property. She may be 

property killed, loaned, exchanged, sold, or foreclosed for debt 

by her husband-owner. (As in the case of offspring, 
the right to sell or whip her becomes modified to the 
right to do so only as a punishment for misbehaviour.) 
If a man commit adultery with another's wife, his 
own wife may even be violated as an equivalent for 

Disposal of widows his own encroachment. As a form of property a wife 
may be immolated at the death of her husband (actual 
or affianced ),* or inherited by his relatives, by his 
sons, brothers, clansmen, etc. Sexual privileges do 
not always accompany widow-inheritance, and the 
inheritance may be chiefly in the nature of an obliga- 
tion to support and protect the widow. It may also 
consist of the right to marry off the widow and receive 
the bride-price which she may bring. Widows may also 
be forbidden to marry during arbitrarily determined 
periods lasting from a few weeks to a lifetime. This 
prescription may of course be due in some instances 
to corpse taboo or to a desire to preclude uncertainty 
about paternity as well as to proprietary ideas about 
the widow. 

Female ownership There are cases where, despite well-defined marital 

and inheritance of , • • « • 1 1 r 

feminine goods ownership, wives have a right to the possession ot 
distinctly feminine goods, clothes, household imple- 

1 Frequently this custom is confined in a group to the royal or chiefly class. 



Economic Relations 225 

ments, etc. Such property is commonly inherited 
from mother to daughter. Again, the existence of a 
dowry commonly entitles the wife to certain pro- 
perty rights. The dowry may be her separate pro- Dotal property 
perty subject only to her administration. More 
frequently, however, the husband has the right of Marital administra- 

.... , r , 1 A tion and usufruct 

administration and usufruct over dotal property. At 
death or separation the dowry usually reverts to 
the wife or her relatives. Other kinds of property Property entirely 
besides dowry may also be considered the separate separal 
property of the wife. Again, her property rights 
may be entirely unaffected by her marriage, the 
property that she has acquired both before and after 
marriage being separate and independent of her hus- 
band's control. 

Besides the various individual property customs community 
referred to, there is also a widespread communal sys- 
tem for matrimonial property. In the communal 
system, all matrimonial property is a joint possession. 
The principle of community may be general or it Limited 
may apply only to the property acquired after mar- munity 
riage. Again, certain kinds of property may be ex- 
cluded from the community — movable property, 
property exclusively for personal use, ante-nuptial 
debts, and dotal property ( the profit and proceeds of 
such property belong to the community), donations 
or successions, etc. The husband administers the Marital administra 
property of the community. His power may be lim- m unity the c ° m " 
ited, however, in certain cases. The consent of the 
wife may be necessary to the alienation of the com- 
mon property, or she herself may be given a limited 
right of administration. With certain exceptions, 
the common property is liable for the obligations of 



226 



The Family 



Mixed systems 



Right to wife's ser- 
vices or earnings 



Inheritance of mat- 
rimonial property 



Widow's claim for 
support 



each of the married persons. In view, however, of 
the wife's exclusion in general from the administra- 
tion of the common property, she is, as a rule, not 
held personally liable for obligations incurred in its 
administration. 

Individual and communal systems may be combined, 
as when certain classes of property are excluded 
as we have seen, from the community. Again, pro- 
perty owned before marriage may be accounted sepa- 
rate, and that acquired after marriage, communal. 

The right to a wife's services or earnings is more 
or less closely connected with prevailing ideas about 
her property rights in general. Where she has no 
separate property, her earnings usually fall to her 
husband or to the community, although, as we shall 
see later in transitional systems, her right to her own 
product may be more or less protected. Under mar- 
riage by purchase, a wife's labour is sometimes thought 
of as a form of redemption of the bride-price, and 
after an equivalent has been earned by her she may 
become economically independent of her husband. 
On the other hand, the custom also exists of freeing a 
bride of work of any kind for a stated period. 

Rules of succession in matrimonial property are 
naturally dependent upon the property relations of 
married persons during their lifetime. Where the 
chattel character attaches to women, widows are in- 
herited, as has been stated, by the deceased husband's 
male relatives, most commonly by his brothers. 
Marriage with her brother-in-law may even be con- 
sidered a due to the widow herself. Where a period 
of widowhood is required or expected out of respect 
for the deceased, the propertyless widow has com- 



Economic Relations 227 

monly a claim for support for varying periods upon 
her husband's estate or upon the relatives inheriting 
it, sons, father, brothers, etc. Widows who return, 
as happens in many groups, to their fathers' home, 
are precluded, of course, from these provisions. Dow- Dowry a provision 

. . for widowhood 

ry is frequently understood as a provision for the 
woman in case of widowhood (or divorce). Dotal pro- 
perty, as we have seen, is usually administered by the 
husband during his lifetime; but at his death it may 
become the separate property of the widow or it 
may revert with her to her family. The right to it 
may also be inherited, together with the right to her 
person, by the heirs of her deceased husband. Un- possession of 
der the system of marital administration and usu- "gained property 
fruct, the widow generally regains possession of what 
other kinds of property she may have acquired. She inheritance of hus- 
may also succeed to the whole (in the absence 
of offspring) or only a part of her deceased hus- 
band's property. In the latter case the part to 
which she is entitled may be agreed upon between Marriage settie- 

, . , . . . 11-11 rnents; legal portion 

the parties at her marriage or it may be established 
by custom or law. It may consist of certain kinds 
of property or be a fixed proportion of the estate of 
the deceased. In these cases, the widow may come 
into absolute ownership or may only have the usu- 
fruct of the property during her lifetime or until 
her re-marriage. 

In the case of the death of the wife, the husband Dispositionof 

. 1 • 11 r 1 1 property of 

may inherit all or a part of her property, or he may deceased wife 
have the usufruct of all or a part of it during his life- 
time only, or all or a part of it may be inherited by 
her kinsfolk or children. 

r-p.i , it* • Intestate succes- 

1 nese rules may apply only to intestate succession sion and testa- 

mentary disposition 



in juridical system 



228 The Family 

or they may be binding upon testamentary disposition 
(legal portion, dower, etc.) as well. 
Existence of The existence of offspring or of near relatives 

offspring and near . - , . , 

relatives commonly affects the proportion of the matrimonial 

property inherited by the survivor. It may also de- 
termine whether or not the property is to be held in 
usufruct or in ownership. 

Dissolution and Where matrimonial property is held in community, 

community 11 the community may be continued at the death of 

either married person, the offspring representing the 
deceased, or the community may be dissolved, the 
survivor regaining possession of his or her share. 
The survivor may or may not have the usufruct of 
the remaining share during his or her lifetime. 

Position of women Closely related to the economic position of women 
is their position in the administration of justice and 
in the government. Where their economic subordi- 
nation is pronounced, they are, as a rule, not allowed 
to act as principals or witnesses in courts of justice, 
or allowed to appear only under special circum- 
stances. Their evidence may be valued as only a 
fraction of that of a man's. Composition for their 
murder or for injuries received by them may be less 
than that of men under like circumstances. Fre- 
quently husbands are responsible for their wives' 
debts or fines. Wives may also have to share in the 
punishments meted out to their husbands. Their 
capacity to enter into contracts is in general limited 
by their economic dependence. 

Exclusion of women Women are commonly excluded from any share in 
government. Sometimes the older women are given 
a voice in the tribal council or are allowed to attend 
its meetings without a voice ; but except where ruler- 



from government 



between 
wife and 



Economic Relations 229 

ship is hereditary, cases of gynocracy (government by Gynocracy 
women) are rare. In modern civilisations, minor 
government positions are sometimes held by women, Modem female 
and in some localities women have a limited, or even suffrage 
in some cases unlimited, suffrage. 

The position held by wives has generally and to a Relation 
great extent a bearing upon that held by mothers, status of mother 
and vice versa. In concubinage, for example, the 
children of an inferior are often imputed to the 
superior wife, and the natural mother may not be 
respected by her children. The subordination of 
the wife is not infrequently followed by that of the 
mother, on the decease of the father, to her adult 
sons. Again, where wives are excluded from the 
occupations of their husbands (and in almost all socie- 
ties, as we have seen, there is a marked segregation 
of the sexes), sons are separated from their mothers 
at an early age. The custom even exists of forbid- 
ding adult sons to approach their mothers. We have 
already seen that wives who have borne children may 
outrank childless wives, or may not be repudiated by 
their husbands. Similarly, slave-concubines who are 
the mothers of their master's children may not, in 
some cases, be sold by their master, and at the lat- 
ter's death they may be accounted free, or they may 
even become free as soon as they have given birth to 
a child. All classes of widows with children are, 
as a rule, more independent than childless widows. 
Facts about the desirability of offspring should always 
be noted in a study of the status of mother and wife. 

In the following lecture we shall consider facts 
about the relationship of offspring to both parents 
based on the reckoning of descent. 



230 The Family 

NOTE A 

Slavery a Substitute for Wife Labor. 

Niebohr, Slavery as an Industrial System, pp. 391-396. 

The Wife a Chattel. 

Wilutzky, Vorgeschichte des Rechts, i., 216-241. 
The Economic Value of the Leisure-Class Wife. 

Veblen, The Theory of the Leisure Class, New York and 
London, 1899, chap. iv. 

Property Holding in Marriage. 

Post, Familienrechts, pp. 291-315. 
Systems of Individual Matrimonial Property. 

Loeb, The Legal Property Relations of Married Parties, 
New York, 1900, pp. 95-153. 

Systems of Community of Matrimonial Property. 
Loeb, Ibid., pp. 63-91. 

NOTE B 

Factors Influencing the Status of Wives. 

Marital power is greater where descent is patronymic than 
where it is matronymic. Steinmetz, Ethnologische Studien, 
etc., ii., chap. vii. 

Where woman is important as a food provider her general 
social position is improved. Grosse, Die Formen der Familie 
und die Formen der Wirthschaft, p. 243. 

Agricultural habits have a favourable effect upon position 
of the women cultivators of the soil. Likewise women's 
dangerous supernatural powers and children's affection for 
their mother. Westermarck, Women in Early Civilisation, 
in The American Journal of Sociology, Nov., 1904, pp. 419-421. 

Wives' subjection due to men's instinctive desire to exert 
power and to natural inferiority of women in qualities of 
body and mind essential to personal independence. In the 
sexual impulse itself are elements leading to male domination 
and female submission. The exclusion of women from cul- 
tural activities, and the strengthening of the patriarchate 
on the dissolution of the clan also factors of subjection. 



Economic Relations 231 

Westermarck, The Origin and Developfnent of the Moral 
Ideas, pp. 657-669. 

NOTE C 

Study the division of functions among wives in polygyny 
(concubinage). Make a comparative study: (i) of economic 
position and (a) juristic, (b) political disabilities of women, (2) 
in a certain number of groups, of rights of daughters, wives, and 
mothers in order to determine the relations between paternal and 
marital power and between status of wife and of mother, (3) of 
desirability of offspring and status of wife. 

NOTE D 
Yahgan : 

Hunting practised exclusively by men and fishing by women. 
x -» 336- Only the men build the huts of tree trunks and 
branches, x., 337. Fishing, preparation of foods, and manage- 
ment in general of the boats carried on by the women, x., 

332. 

Surviving husband or wife inherits, x., 334. After father's 
death mother has right to dispose of daughter, vii., 172. 

Central Australians : 

If there be no lack of food, men and women all lounge about 
while children laugh and play. If food be required, then women 
will go out accompanied by children and armed with digging 
sticks and flitchis, and the day will be spent out in the bush in 
search of small burrowing animals, such as lizards and small 
marsupials. Men will perhaps set off armed with spears, spear- 
throwers, boomerangs, and shields in search of larger game, such 
as emus and kangaroos, p. 19. Women are certainly not treated 
usually with anything which could be called excessive harshness. 
They have to do a considerable part, but by no means all, of the 
work in camp, but after all in a good season this does not 
amount to very much, and in a bad season men and women 
suffer alike, and of what food there is they get their share. 
P« 5°- 
Point Barrow Eskimo : 

A woman sews, prepares skins for making and mending, cooks, 
and cares in general for provisions. Occasionally sent out on the 



232 The Family 

ice for a seal which her husband has taken. In spring and 
summer takes her place in the boat if required, p. 414. 

A woman's property, consisting of beads and other ornaments, 
needle case, knife, etc., is considered her own. p. 414. 

A widow has no share in her husband's property; she takes 
only what she has brought with her. p. 414. 

Behring Strait Eskimo : 

Sons inherit hunting implements; wife and daughters, ornaments 
and household articles, p. 307. 

Central Eskimo : 

A man must provide for his family by hunting, i.e., for his wife 
and children and for his relatives who have no provider. He 
must drive the sledge in travelling, feed the dogs, build the 
house, and make and keep in order his hunting implements, the 
boat covers and seal floats excepted. The woman has to do 
household work, sewing, and cooking. Must look after lamps, 
make and mend tent and boat covers, prepare skins, bring up 
young dogs, make the inner outfit of the hut, smooth the plat- 
forms, line the snow houses, etc., and do the rowing in the large 
boats while the men steer, pp. 579-580. In travelling by sledge, 
men drive the dogs and women lead the way. p. 575. 

Melanesians : 

The widows of a man's maternal uncles, brothers, cousins, tend 
to accumulate around him. Called his wives, live in houses 
around him, work for him, but he practically lives with two or 
three younger women whom he has taken for himself, p. 245. 
Lepers' Isl.: If a distant cousin of deceased husband wishes to 
have the widow, he adds a pig to the death feast of the tenth or 
fiftieth day. If two kinsmen contend for a widow, she selects 
one, who gives a pig to the other, p. 244. 

Lepers' Isl.: Women do not succeed to land, but have a right 
to a share in produce of father's garden, which their brothers are 
considered to hold partly for them. Banks' Isls.: Daughters 
inherit land of right equally with sons, but in fact they rather 
transmit inheritance to their children, pp. 67, 64 footnote. 



Economic Relations 233 

Ewe-Speaking Peoples : 

Wives inherited by a man's heir. pp. 205-206. In Dahomi a 
number of king's wives killed or kill themselves at his death, pp. 
124, 127, 128. 

Each wife has her separate dwelling in enclosure where her 
husband's house stands. Wife's property separate from husband's. 
Woman's dowry slave girls live with her. The children of a con- 
cubinous union of these slaves and her husband belong to her. 
p. 205. [Condition of a concubine is but little inferior to that of 
third, fourth, and later wives.] 

If a concubine bear a child, she cannot be sold. pp. 204, 205. 

Tshi-Speaking Peoples : 

Instance in 1873 of a chief called upon to share in defraying 
expenses of a disastrous war, selling his wife. p. 272. 

Favourite wives of chiefs killed at his death to attend him 
beyond the grave, pp. 158, 159,162,166. Usually widows remain 
in the house watching the grave for some weeks, neglecting their 
persons and fasting. Some months after death widow sacrifices 
to family god, and considered extremely unfortunate for her to 
have sexual intercourse before performing this rite. The man is 
believed to inevitably fall a victim to the wrath of deceased 
husband, pp. 238-242. 

Yoruba-Speaking Peoples : 

Customary when a chief dies for two of his wives to commit 
suicide, or, if no volunteers appear, for two to be put to death. In 
1859, 42 wives of deceased King of Oyo poisoned themselves in 
order to accompany him to Dead-Land. pp. 105, 104. Wives 
and concubines inherited by a man's sons. At present head-wife 
usually goes to live with husband's relations. Should she marry 
any one but a brother-in-law, second husband would have t^ pay 
to relatives of first original bride-price, pp. 185-186. 

Each wife has her house in the husband's compound ; each 
her own slaves and dependants, p. 182. Wife's property inde- 
pendent of husband's, p. 177. 

A man is responsible for his wife's debts, p. 190. 
Thompson River Indians : 

Married women had to do almost all housework. Some men 
helped their wives in tanning of buckskin, putting up of lodges, 



234 The Family 

etc., and often manufactured articles for them, such as root-dig- 
gers, etc. Considered woman's duty to gather and carry all fire- 
wood ; erect lodges, keep them clean inside and light the fire ; 
gather and carry brush for beds; make all kinds of mats, baskets, 
sacks and bags, as well as all clothing, including moccasins; wash 
and cook ; dig and cure or cook roots and gather and cure ber- 
ries ; help to clean and dry fish, to carry meat or game shot, and 
to look after the horses ; dress all skins for clothing, etc.; fetch 
water, pp. 295-296. Considered man's duty to hunt, to trap, to 
fish, to snare, to fight, to make all tools and weapons, to fell trees, 
to help look after hunting dogs, to be energetic, p. 295. 

A widow became the property of a deceased husband's nearest 
male kin, generally of brother next in seniority. Right of a 
man to widow of his deceased brother incontestable, and widow 
had equal right to demand from him privileges of a husband, 
and he was bound to support her children. If a man took to wife 
the sister-in-law of a man without his consent, generally killed, 
often woman too, by wronged individual, p. 325. Sometimes a 
widow wore a breech-cloth made of dry bunch grass for several 
days that ghost of husband should not have connection with her. 
P. 333- 

A woman's effects looked upon as distinct from husband's. A 
man and his wife often made gifts of their individual property to 
each other, p. 293. If a couple separated, wife took all her 
property with her, even roots and berries she had gathered, p. 293. 

Widow or female children inherited all kettles, baskets, cook- 
ing utensils, and some blankets and robes. Males always inher- 
ited canoes and all fishing, hunting, and trapping utensils. Those 
dogs of the deceased that were not killed became property of male 
children. Horses divided among all the children both male and 
female ; former, however, taking twice as many as latter, or at 
least having first choice. Daughters supposed by some to inherit 
a deceased father's horses in preference to all male relatives, 
excepting their brothers, p. 294. 

When a captive woman bore children to her master she was 
considered one of the tribe, and neither she nor her children ever 
afterward called slaves, at least openly, p. 290. If a widow had 
children, she inherited lodge of her deceased husband, and it 
belonged to her and her children, p. 294. 



Economic Relations 235 



Kabyles : 



Ait Ali 011 Illoul. Men who exchange their wives each pay 10 
reals fine and bargain is void, iii., 427. Akbil, etc. If a hus- 
band whose wife has gone to her parents without his permission 
sells her to another husband, fined 20 reals, iii., 365. 

Father generally stipulates for a gift of clothes and jewelry 
from groom to bride. He may give these things himself to bride. 
These gifts, fedak, sometimes become property of woman. Some- 
times she may not dispose of them, but at her death they go to 
her husband or are returned to her family. Her relatives some- 
times even have right to take them back in her lifetime, ii., 162-163. 
Ait Fraoucen. A woman may take nothing with her to her hus- 
band's house except what her relatives have given her. She may 
not bequeath this dowry at death. It returns to her relatives. 
She may bequeath only her clothes, iii., 389. Ait Bou Chen- 
nacha. He who in marrying his daughter or sister gives her 
jewels which she carries with her to her husband's house may 
take them back whenever he please, unless he have relinquished 
his claim to them before witnesses, iii., 353. Ait Izerfaoen, etc. 
A woman has no claim to any part of the thdmamth. Her hus- 
band gives her what he pleases in garments. A widow may re- 
main in house of her deceased husband if she marry one of his near 
relatives. She may not remain if she marry a stranger. If a 
widow have only daughters, village council divides property of 
deceased in two parts, one for support of widow and daughters, 
one for heirs. When widow's daughters marry she receives a 
third of the thdmamth, father's heirs two-thirds, iii., 410. Ait 
Khalifa. A married woman may not claim thdmamth from those 
who have given her in marriage. She may not appoint a person 
to receive thdmamth. It is always her near relatives, iii., 401. 
Ait Iraten. If there is no male relative in second degree, and 
girl's mother is living, thdfnamth divided into three parts, two go 
to nearest agnate, and third divided between girl and mother. 
If mother has died or remarried, the third goes entirely to girl. 
If there is no male relative it is divided between the two women, 
and if the mother has died or remarried, girl receives whole, ii., 
155. Cheurfa, etc. An unmarried woman may leave her pro- 
perty to her relatives; a married woman may not; her husband 
disposes of it. iii., 329. If relative or representative of a 



236 The Family 

widow wishes to marry her and she refuses, he has a right only 
to 20 reals, to be levied on property of her orphaned child. If a 
widow marry a relative of her husband and he fail to make her 
happy, she has the right to go and live with her son by her first 
husband, iii., 342. A widow with sons cannot be ejected from 
house of deceased husband ; but she should do nothing without 
consulting his relatives, iii., 390. Akbil, etc. A widow is en- 
titled to carry away with her linen and cotton garments, the ear- 
rings, head ornaments, and jewels given her by her husband, and 
what she has received from her parents. Anyone attempting to 
deprive her of these things is fined 5 reals. A man's widow, 
daughters, sisters, are entitled to live in house of deceased and 
to enjoy during their lifetime a third of his property. If they 
can manage it themselves they are free to do so ; if not, they are to 
choose themselves the relatives who are to manage it for them. 
iii., 336. Iouadhien. A widow has the right to remain in house 
of deceased husband. Anyone ejecting her to be fined 20 reals. 
Anyone who buys anything from a widow with young children 
who cannot make a bargain without consent of their near rela- 
tives, will not receive back what he has paid when his purchase 
has been taken away from him, unless the near relatives have con- 
sented to sale. If near relative of deceased husband fail to pro- 
vide for needs of his widow, she is to complain to village council, 
iii., 342. Ait Aissa. When a woman is widowed or divorced, 
she returns to her father or his heirs and is supported by them, 
iii., 405. A man may bequeath to a wife, daughter, sister, aunt, a 
life interest in his property equal to that to which a woman is en- 
titled, according to Moslem law. He may not exceed that 
amount. A woman may dispose of income of property so in- 
herited as she wish, but she may not sell the capital, iii., 379. 
Ait Ousammer. He who proposes to give a woman a share in 
the inheritance, fined 50 reals, iii., 378. 

Cheurfa, etc. If a woman accidentally set fire to a house, her 
husband must pay damages, unless he divorce her. iii., 438. If 
a married woman living with her husband is fined, husband pays. 
If she live with her parents, they pay. iii., 368. Confederation 
of Ait R'Oubri. A woman can neither buy nor sell ; one of her 
near relatives, or if she has none, wisest man in the kharouba, 
must always act for her. iii., 415. Ait Ameur, etc. If a woman 



Economic Relations 237 

buys something with her own money, no one may take it away 
from her. iii., 394. 

Ancient Arabs : 

Those of you who die and leave wives, should bequeath to 
them maintenance for a year, without expulsion from their home ; 
but if they go out, there is no crime in you for what they do of 
themselves, in reason, ii., 241-242. 

And ye shall have half of what your wives leave, if they have 
no son ; buc if they have a son, then a fourth of what they leave, 
after payment of bequests or of debts. And they shall have a 
fourth of what ye leave, if ye have no son, but if ye have a son, 
then let them have an eighth of what ye leave, after payment of 
bequests and of debts, iv., 14. If a man perish and have no 
child, but have a sister, let her have half of what he leaves ; and 
he shall be her heir, if she have no son. But if there be two 
sisters, let them both have two-thirds of what he leaves ; and if 
there be brethren, both men and women, let the male have the 
like portion of two females. God makes this manifest to you lest 
ye err; for God all things doth know, iv., 176.; also iv., 15. 
Women should have a portion of what their parents and kindred 
leave, whether it be little or much, a determined portion. God 
instructs you concerning your children ; for a male the like of 
the portion of two females, and if there be women above two, 
then let them have two-thirds of what the deceased leaves ; and 
if there be but one, then let her have a half ; and as to the 
parents, to each of them a sixth of what he leaves, if he have a 
son ; but if he have no son, and his parents inherit, then let his 
mother have a third, and if he have brethren, let his mother have 
a sixth after payment of the bequest he bequeaths and of his 
debt, iv., 11-12. 

Ancient Hebrews : 

When a man hath taken a new wife he shall not go out to war, 
neither shall he be charged with any business: but he shall be 
free at home one year, and shall cheer up his wife which he hath 
taken. Deut. xxiv., 5. Naomi, widow of Elimelech, inherited 
his land. His sons had died, but he left male kinsmen. Naomi 
also came into her son's lands. Ruth iv., 3, 9. 



238 The Family 

Babylonians : 

If a woman, who dwells in the house of a man, make a contract 
with her husband that a creditor of his may not hold her (for 
his debts) and compel him to deliver a written agreement ; if 
that man were in debt before he took that woman, his creditor 
may not hold his wife, and if that woman were in debt before she 
entered into the house of the man, her creditor may not hold her 
husband. § 151. If they contract a debt after the woman has 
entered into the house of the man, both of them shall be answerable 
to the merchant. § 152. 

If an officer or a constable, who is in a fortress of the king, be 
captured (and) his son be able to conduct the business, they 
shall give to him the field and garden and he shall conduct the 
business of his father. § 28. If his son be too young, they shall 
give one-third of the field and of the garden, to his mother, and 
his mother shall rear him. § 29. He may deed to his wife or 
daughter the field, garden, or house which he has purchased and 
(hence) possesses, or he may assign them for debt. § 39. 

If a man give to his wife field, garden, house, or goods and he 
deliver to her a sealed deed, after (the death of) her husband, 
her children cannot make claim against her. The mother after 
(death) may will to her child whom she loves, but to a brother 
she may not. § 150. The wife shall receive her dowry and the 
gift which her husband gave and deeded to her on a tablet and 
she may dwell in the house of her husband and enjoy (the pro- 
perty) as long as she lives. She cannot sell it, however, for after 
her (death) it belongs to her children. § 171. If her husband 
have not given her a gift, they shall make good her dowry and she 
shall receive from the goods of her husband's house a portion cor- 
responding to that of a son. If her children scheme to drive her 
out of the house, the judges shall inquire into her antecedents, and 
if the children be in the wrong, she shall not go out from her hus- 
band's house. If she set her face to go out, she shall leave to her 
children the gift which her husband gave her ; she shall receive 
the dowry of her father's house, and the husband of her choice 
may take her. § 172. If she bear children to her later husband 
and later on she die, the former and the later children shall 
divide her dowry. § 173. If she do not bear children to her 
later husband, the children of the first husband shall receive her 



Economic Relations 239 

dowry. § 174. If a man take a wife and she bear him children 
and that woman die, her father may not lay claim to her dowry. 
Her dowry belongs to her children. § 162. And if a slave of the 
palace or of a freeman take the daughter of a man (gentleman), 
and if she enter into the house of the slave with the dowry of her 
father's house ; if from the time that they join hands, they build 
a house and acquire property ; and if later on the slave die, the 
daughter of the man shall receive her dowry, and they shall divide 
into two parts whatever her husband and she had acquired from 
the time they had joined hands; the owner of the slave shall re- 
ceive one-half and the daughter of the man shall receive one-half 
for her children. § 176. If she had no dowry, they shall divide 
into two parts whatever her husband and she had acquired from 
the time they joined hands. The owner of the slave shall receive 
one-half and the daughter of the man shall receive one-half for 
her children. § 176A. If a widow, whose children are minors, 
set her face to enter another house, she cannot do so without the 
consent of the judges. When she enters another house, the judges 
shall inquire into the estate of her former husband, and they shall 
intrust the estate of her former husband to the later husband and 
that woman, and they shall deliver to them a tablet (to sign). 
They shall administer the estate and rear the minors. They may 
not sell the household goods. He who purchases household goods 
belonging to the sons of a widow shall forfeit his money. The 
goods shall revert to their owner. § 177. 

Ancient Hindus : 

Let the husband employ his wife in the collection and expendi- 
ture of his wealth, in keeping everything clean, in the fulfilment 
of religious duties, in the preparation of his food, and in looking 
after the household utensils. By these expedients she may be 
guarded when she cannot be completely so by force, ix., 10, 11. 
A husband who has business abroad may depart after securing a 
maintenance for his wife ; for a wife, even though virtuous, may 
be corrupted if she be distressed by want of subsistence. If the 
husband depart without providing for her she may subsist by 
blameless manual work, ix., 74, 75. 

A wife, a son, and a slave, these three are declared to have no 
property ; the wealth which they earn is acquired for him to 
whom they belong, viii., 416. 



240 The Family 

Selling one's wife a minor offence, causing loss of caste, xi., 
62, 67. 

A second husband is never prescribed for virtuous women. 
They must never even mention the name of another man after 
husband's death, v., 167. 

Whatever may be the separate property of the mother, that is 
the share of the unmarried daughter alone, ix., 131. All the 
uterine brothers and sisters shall equally divide the mother's estate, 
even if mother die in husband's lifetime. Even to the daughters 
something of this estate should be given on the score of affection. 
ix., 192-193, 195. See ix., 198. 

What was given before the nuptial fire, on the bridal proces- 
sion, in token of love, and what was received from her brother, 
mother, or father is called the sixfold property of a woman. 
Such property, as well as subsequent gift and what was given 
her by her affectionate husband, is inherited directly by her 
children. The property of a woman married according to 
Brahma, Daiva, Arsha, Gandharva, Pragapatya rites shall go to 
her husband alone if she die without issue ; that of a woman 

.A. 

married according to Asura or one of the other blamable mar- 
riages shall go to her mother and father. Wives should never 
make a hoard from their husband's particular property without 
permission, ix., 194-199. 

Let not a man eat in the company of his wife, nor look at her 
while she eats, sneezes, yawns, or sits at her ease, iv., 43. 

Male relations who in their folly live on the separate property 
of women, beasts of burden, carriages, and clothes, commit sin 
and will sink into hell, iii., 52. 

Ancient Chinese: 

In presenting a daughter for the harem of the son of Heaven 
it is said: "This is to complete the providers of sons for you " ; 
for that of the ruler of a state: " This is to complete the pro- 
viders of your spirits and sauces"; for that of a great officer: 
" This is to complete the number of those who sprinkle and 
sweep for you." xxvii., 119. The son of Heaven and the princes 
of the states guided the plough to provide grain for the sacri- 
ficial vessels, and their wives looked after their silkworms to 
provide the cap and robes of silk. This was not because the 



Economic Relations 241 

son of Heaven and the princes had not men to plough for them, 
or because the queen and the princes' wives had not women to 
tend the silkworms for them ; it was to give the exhibition of 
their personal sincerity, xxviii., 239. The wife was the fitting 
partner of her husband, and could carry on all the work in silk 
and linen, making cloth and silken fabrics, and maintaining a 
watchful care over the various stores and depositories of the 
household, xxviii., 431. 

Khan Kan-hsi charged his son to bury his two concubines with 
him, one on each side. When he died, his son said: "To bury 
the living with the dead is contrary to propriety; how much 
more must it be to bury them in the same coffin." Accordingly, 
he did not put the two ladies to death, xxvii., 183, 184. 

When the mother of Zze-lin died, his younger brother Zze-shih 
asked for the means to provide what was necessary for the 
mourning rites. Zze-lin said: " How shall we get them ?"" Let 
us sell the concubines, the mothers of our half-brothers," said 
the other. " How can we sell the mothers of other men to bury 
our mother? "was the reply; " that can not be done." xxvii., 145. 
When the concubine of an officer had a son, he wore the three 
months' mourning for her. If she had no son, he did not do so. 
xxviii., 47. The son of an inferior member of the harem can not 
offer the sacrifice to his grandfather or father ; if, for some rea- 
son, he have to do so, he must report it to the honoured son, the 
head of the family, xxvii., 117. If parents have a boy born to 
the father by a handmaid, or the son or grandson of one of his 
concubines of whom they are very fond, their sons should, after 
their death, not allow their regard for him to decay so long as 
they live, xxvii., 457. 

Ancient Romans : 

Property is acquired for us by those in our power, descend- 
ants, slaves, or as being in our marital power. G. ii., § 86. 

The husband forbidden to alienate dowry immovables without 
wife's consent, although they belong to him, whether as a result 
of a formal conveyance by copper and scale, grounded on the 
dowry, or surrendered in court, or acquired by use through the 
statutory period of possession. G. ii., § 63. Alienation is for- 
bidden even with wife's consent, " Lest the weakness of the 
16 



242 The Family 

female sex should be turned to the detriment of her fortune." 
J. ii., viii. 

A wife under marital power inherits because she occupies the 
place of a daughter. G. iii., § 3. According to Twelve Tables 
all agnates whether male or female inherited in their turn. Sub- 
sequently only females related by consanguinity i, e. t sisters in- 
herited. " It seemed expedient that inheritances should tend 
for the most part to get into the hands of males." Under Justin- 
ian former provision re-enacted. J. iii., **/., § 2. 

Unlike husband, a wife cannot bring an action for outrage 
committed on husband, " for it is just that wives should be pro- 
tected by their husbands, but not husbands by their wives." J. 
iv., «/., § 2 

French : 

228. A wife cannot contract a second marriage until ten months 
have elapsed since the dissolution of the previous marriage. 

1387. The law only regulates conjugal relations with respect to 
property when there is no special agreement, but husband and 
wife may enter into any agreement they deem proper, provided 
it is not contrary to good morals, and, besides, is subject to fol- 
lowing restrictions. 1388. A husband and wife cannot derogate 
from the rights resulting from husband's marital powers over per- 
son of wife and of children or which belong to husband as head 
of family, nor from rights conferred upon survivor of husband 
or wife under title of Paternal Authority and title of Minority, 
of Guardianship and of Emancipation, nor from prohibitory provi- 
sions of present Code. 1389. They cannot make any agreement 
or renunciation of which object would be to change legal order 
of succession, either with respect to themselves in the succession 
of their children or descendants or with respect to their children 
among themselves. 

1401. Community is composed : 1. Of all personal property 
which husband and wife own at time of the celebration of mar- 
riage, together with all personal property which comes to them 
during marriage, either by way of succession or even donation, 
unless donor has provided differently. 2. Of all profits, revenues, 
and arrears, of whatever nature they may be, which may have 
become due or have collected during marriage and coming from 



Economic Relations 243 

property belonging to husband and wife at time of celebration of 
marriage, or from property which has come to them during mar- 
riage in whatever way it may be. 3. Of all real estate acquired 
during marriage. 142 1. Husband has sole management of com- 
munity property. He can sell, convey, and mortgage it without 
the co-operation of wife. 1428. A husband has management of 
all individual property of wife. He cannot convey his wife's 
individual real estate without her consent. 1497. Husband and 
wife may modify legal community. 1. That the community shall 
only apply to acquests. 2. That the present or future personal 
property shall not fall into the community or shall only fall into 
it in part. 3. That all or part of the present or future real estate 
shall be included. 4. That the husband and wife shall pay indi- 
vidually the debts which they had previous to marriage. 5. That 
in case of renunciation, wife shall be able to take back property 
she has contributed, free of all charges. 6. That survivor shall 
haveapreciput. 7. That husband or wife shall have unequal shares. 
8. That there shall exist between them a universal community. 
1530. Clause providing that husband and wife marry without com- 
munity does not give wife right to manage her property nor to 
collect income thereof: such income is supposed to go to hus- 
band to settle household expenses. 1536. When husband and 
wife have stipulated in marriage contract that there would be a 
separation of property between them, wife retains entire manage- 
ment of her personal property and real estate and free enjoyment 
of her income. 1537. Husband and wife each contribute to 
household expenses according to conditions contained in their 
contract; and if there is none in relation thereto, wife con- 
tributes to those expenses to extent of one-third of income. 
1538. Wife cannot in any case, nor in consequence of any agree- 
ment, convey her real estate without express consent of husband, 
or in case of his refusal, without being authorised by the Court. 
Any general consent given to wife to convey her real estate, either 
by marriage contract or since then, is void. 1540. Dowry is the 
property which wife brings to husband to bear household 
expenses. 

1541. Everything wife sets apart, or which is given to her by 
marriage contract, is dotal unless there is an agreement to the 
contrary. 1549. Husband has the sole management of dotal 



244 The Family 

property during marriage. However, it may be agreed in marriage 
contract that wife shall collect annually, for her maintenance and 
personal wants, a part of her income. 1554. Real estate given as 
dowry cannot be conveyed or mortgaged during marriage, either 
by husband or wife, or by both of them jointly, with following 
exceptions. 1555. Wife may, with consent of husband, or in 
case of his refusal with authority of the Court, give her dotal 
property for establishment of children whom she might have of a 
previous marriage ; but if she is only authorised by the Court, 
she must reserve the enjoyment of such property to her husband. 
1556. She may also, with consent of her husband, give her dotal 
property for establishment of children of the marriage. 1564. 
If dowry consists in real estate, or in personal property not 
appraised in the marriage contract, or appraised with a declara- 
tion that appraisement does not take away ownership from wife, 
husband or his heirs may be compelled to return it immediately 
after dissolution of marriage. 157 1. At dissolution of marriage, 
revenue of dotal real estate divided between husband and wife 
or their heirs. 1576. Wife has the management and enjoyment 
of her paraphernal property; but she cannot convey it or appear 
in court in connection with same without consent of husband, or 
upon his refusal without the authorisation of Court. 1449. A 
wife separated, either from bed and board or only as to property, 
regains independent management of her property. She cannot 
dispose of her real estate without consent of husband, or without 
being authorised by Court in case of refusal. 1443. A separa- 
tion of property can only be sued for in court by wife whose 
dowry is in danger, and when husband's affairs are in such dis- 
order that there is reason to fear that his property will not be 
sufficient to answer for wife's rights and claims. All voluntary 
separations are void. 1448. A wife who has obtained a separation 
of property must contribute as well to household expenses as to 
those of the education of children of marriage, in proportion to 
her means and those of her husband. She shall bear these 
expenses entirely if husband has nothing left. 

215. A wife cannot sue in court without consent of her husband, 
even if she is a public tradeswoman or if there is no community 
or she is separated as to property. 216. Husband's consent is 
not necessary when wife is prosecuted criminally or in a police 



Economic Relations 245 

matter. 217. A wife, even when there is no community, or when 
she is separated as to property, cannot give, convey, mortgage, or 
acquire property, with or without consideration, without husband 
joining in the instrument, or giving his written consent. 218. If 
a husband refuses to allow his wife to sue in court, the Judge 
may grant the authorisation. 219. If a husband refuses to allow 
his wife to execute an instrument, wife can cause him to be sum- 
moned directly before the Tribunal of First Instance of the 
common domicil, and such Tribunal shall grant or refuse its con- 
sent after husband has been heard or has been duly summoned. 
221. When a sentence has been passed upon a husband which 
carries with it a degrading corporal punishment, even if it has 
been passed by default, a wife, even of full age, cannot, during 
the continuance of the punishment, sue in court nor bind herself, 
unless she has been authorised by the Judge, who may in such 
case grant the consent without the husband having been heard or 
summoned. 226. A wife can make a will without her husband's 
consent. 

People of United States : 

Wife's obligation to render family services co-extensive with 
that of husband to support, these services and comfort of her 
society being legal equivalent of such support. § 43. 

Community system exists in the south-western states, but there 
is a tendency to limit it. American community doctrine is that 
all property acquired during marriage shall be deemed to belong 
priina facie to community unless proved to be acquired as 
separate property. Also usually provided by statute that gifts, 
bequests, etc., shall be separate property. § 7. 

Common-law doctrine of legal non-existence of married women 
came to be superseded in the second quarter of the nineteenth 
century by the equitable and statutory separate property systems. 
The equitable doctrine is prior work of English chancery courts. 
Statutory doctrine founded on married women's acts. Chap. vii. 
In some of the States presumption is still that in absence of any 
provision to the contrary that a married woman's property belongs 
to her husband. 120a. According to married women's codes, 
wife permitted to hold all property, real and personal, which she 
had at time of marriage or has acquired thereafter from any 
person other than husband. §115. Acts differ in considering 



24 6 The Family- 

acquisitions from husband as part of wife's separate property. 
§ 118. A married woman may sell, convey, give, bargain, or 
otherwise dispose of her separate property. Chap. xi. In many 
of the States wives allowed benefit of their own labour and services 
when performed on their separate account ; there is, however, 
less favour shown by the courts to the legislative grant of separate 
earnings than to that of acquisitions to a wife's separate use from 
other sources; and still less to statutes extending wife's right 
of acquiring earnings to permission to embark in business on her 
own account. Idea not favoured of permitting a wife to forsake 
her home or neglect her household duties without husband's con- 
sent for purpose of acquiring earnings for her separate use, 
especially if husband be still legally bound to support her by his 
own labour. § 162. In some of the States a wife may not become 
her husband's partner, nor join her labour and capital to his in 
same business enterprise. In most of the States, not permitted to 
form a partnership with third parties exclusive of her husband's 
interest while she lives with him. " By the wife's business co- 
partnership with third persons, and particularly with those of the 
opposite sex apart from her husband, she entangles her separate 
property disadvantageously, and incurs the risk of personal affilia- 
tions, besides, quite perilous to domestic concord and the mutual 
confidence which marriage demands." § 169. 

A wife may in some States be sued like a single woman ; but, 
on the whole, policy still disinclines to permit a personal judg- 
ment to be rendered against a married woman, even on what 
purports to be her personal obligation. § 158. In regard to com- 
mon-law rule that husband and wife may not be a witness for or 
against each other, prevailing tendency is to regard domestic 
confidence or bias of less consequence than the public conveni- 
ence of ascertaining the truth. § 53. In regard to presumption 
of wife's coercion by husband in committing crime, prevailing 
tendency is to hold her responsible unless husband commanded 
and was near enough to directly exert his marital influence. 
§50. 

Husband is in many States entitled to administer estate of de- 
ceased wife except under circumstances of separation or as other- 
wise provided by wife's will. §§ 196, 198. In case of intestacy he 
is in some States the preferred heir of her personal property. § 198. 



Economic Relations 247 

In some States common-law tenancy by courtesy (husband's 
right to enjoyment of deceased wife's real estate during his 
life-time providing a child capable of inheritance is born) is 
abolished, in others (the majority) it is reserved. §§ 201, 202. 
Administration may be granted by the Court to widow or to next 
of kin or to both together. Right of the widow to administer is 
not absolute like that of widower. § 204. A wife is entitled to a 
third of her deceased husband's personal property, likewise to a 
third of his real estate (dower). §§ 205, 213. Wife or husband 
together with offspring entitled to homestead. § 214. 



LECTURE XI 

THE RECKONING OF DESCENT AND KINSHIP SYSTEMS 

Reckoning of de- ]P\ ESCENTis reckoned through the mother, through 
L-' the father, or through both parents. We know 
positively of only one group 1 in which kinship, i. e., 
clan kinship, is not reckoned through either parent. 
Distinction between Matronymy or membership in the maternal kinship 
matri^rchate 311 & group should be distinguished from the matriarchate or 
family control by the mother or the maternal kindred. 
Paternal and marital powers generally exist although 
more or less restricted under matronymic systems. 
In many cases the only practical effect of matronymy 
is an exogamous marriage restriction. Even under a 
matriarchal organisation, the control of a family is 
with the woman's kinsmen, her uncles and brothers, 
rather than with the mother or wife herself. 
Between patro- Similarly, patronymy or membership in the paternal 

achate 1 * e ** kinship group and the patriarchate or family control 
by the father or paternal kindred are to be distin- 
guished. Descent may be agnatic, with or without 
the existence of a large degree of paternal power. A 
highly developed patriarchate never exists without 
patronymic descent, just as a developed matriarchate 
never exists without matronymic descent. 2 Matro- 

1 The Arunta of Central Australia. 

2 The student should be particularly cautioned about the use of these or 
equivalent terms, as there is no agreement in the terminology of writers on 
the subjects. Mother-right (mutterrecht) may cover both matronymy and 
matriarchate or matronymy only. Again matriarchate may be taken as 
equivalent to matronymy. Corresponding confusion exists of course among 
the masculine equivalents. 

248 



Descent and Kinship Systems 249 

nymy, however, not uncommonly accompanies an Matronymy and the 

incipient or even fairly well-developed patriarchate. pat 

The patriarchate should also be distinguished from Distinction between 

• • c r 1 tm 1 .. the patriarchate and 

very primitive forms of paternal power. 1 he latter p rirn itive paternal 
is generally characteristic of the family of the most power 
primitive social groups, whereas the former is found 
only in more or less developed groups possessing a 
comparatively complex juridical system. 

Mixed patronymic and matronymic systems may Mixed systems 
exist in the same group. It may not be decided until 
the birth of the child to which kin he shall be ac- 
counted, or sons may follow the father and daughters 
the mother. Mixed forms are also frequently seen in 
a developing patriarchate. 1 Under a patronymic sys- significance ox 
tern illegitimate children or children of slave parents |^~KJ,£^ 
or of a slave parent may follow the mother. But it is under a P atron y mic 

1 J system 

an open question whether this is a survival of a 
matronymic system or merely the outcome of a 
strict patriarchate. 

Indications of the way in which descent is reck- 
oned are to be found chiefly in inheritance rules and 
in marriage prohibitions based on consanguinity. 
Similarly, permitted marriages, such as half-brother 
and half-sister or cousin-marriages, may point to an 
actual or outgrown kinship system. 

Naming ceremonial is of great significance as ex- 
pressing prevailing ideas about descent. Notable, 
too, is the presentation ceremonial, where the new-born 
child is for the first time seen by kinsfolk. Wide- 
spread in patriarchal organisation is the lifting up 
ceremony by which the father recognises his offspring. 

Under both patronymic and matronymic systems, Physical and jurid- 
ical parenthood 
1 Cpp. 297-8. 



250 



The Family 



Fictitious brother- 
hood 
Milk brotherhood 



The covenant of 
brotherhood 



Adoption of war- 
prisoners or slaves 



the physical kinship of both parents is commonly 
recognised, 1 but it is not identified with what may be 
called juridical kinship. Juridical parenthood may, 
on the other hand, be purely fictitious. Striking in- 
stances of fictitious parenthood are seen in the customs 
of reckoning children begotten by a former to a sub- 
sequent husband, the imputation of a son begotten by 
a husband's brother to the living or deceased husband, 
i. e., the so-called niyoga or levirate, the imputation of 
a child by a concubine to a wife, the adoption of the 
son of the appointed daughter, besides many other 
forms of adoption. Adoption is a common custom 
among ancestor-worshipping peoples. 

There are many forms of fictitious brother- or 
sisterhood, as well as of parenthood. In milk or 
foster brotherhood the brothers have both been 
suckled or reared by the same woman or in the same 
family. A covenant of brotherhood is not uncom- 
monly entered into by adults, and like milk or foster 
brotherhood it may entail the same obligations upon 
the covenanters as actual brotherhood. 2 

Where slavery is not developed, the adoption of 
war-prisoners into the captor's group — household, 
clan, or tribe — may be accounted the only alternative 
to killing them. The position of a slave frequently 
approximates that of an adopted son. 

In studying facts of fictitious kinship, the degree to 
which it is assimilated with blood-kinship should be 
noted, whether or not, for example, it involves the 



1 There is, however, a great variety of beliefs in regard vO the parts played 
by parents in reproduction. These beliefs are of interest in a study of 
kinship systems. 

2 See p. 164. 



Descent and Kinship Systems 251 

same marriage restrictions or privileges, the same 
rights of inheritance, protection, vengeance, etc. Let 
us note, too, whether or not it wholly or only par- 
tially precludes the ties of blood-kinship which it 
supersedes. In this connection the covenant or 
adoption ceremonial is often significant. 

There are two distinct types of consanguineous ciassificatory and 

d. r . 1 1 -r • 1*11*1** descriptive kinship 

assincations, the ciassificatory, in which kinship is systems 

reckoned between groups of individuals of the same 

generation, and the descriptive, in which kinship is 

reckoned between two individuals only and is based 

on their genealogical position to a common paternal or 

maternal ancestor. 

In the ciassificatory system kindred are never de- The ciassificatory 
scribed by a combination of the primary terms. 
They are arranged in classes. I call my mother 
and my mother's sisters mother, my father and my 
father's brothers father, my brothers and sisters 
and the children of my mother's sisters and my 
father's brothers, brothers and sisters, my own off- 
spring and the offspring of my sisters or brothers, 
sons and daughters. It is to be noted that the 
children of brothers or of sisters are brothers and 
sisters to one another, but that the children of a 
brother and of a sister are thought of as more re- 
motely related cousins. In this system there is no 
divergence of collateral lines. The collateral lines 
are merged into the lineal lines. All the descendants 
of the common ancestor therefore fall within the re- 
cognised relationships. Special terms for uncle, aunt, 
cousin, etc., have sometimes been introduced into 
ciassificatory systems. 

The descriptive system is so-called because origin- The descriptive 



252 The Family 

ally the collateral and some of the lineal kindred were 
described by a combination of the primary terms, 
father, mother, brother, sister, e. g., father's father, 
brother's son, mother's sister, daughter, etc. Subse- 
quently in certain groups special terms were intro- 
duced, e. g> grandfather, nephew, cousin, etc. We 
may note that collateral lines diverge, and kinship in 
these lines tends to be lost track of. The descriptive 
system lends itself to numerical computation, and 
Methods of reckon- numerical degrees of kinship are in use. The degree 

ing the degree of ,,.,.. 1 , . ., , 1 

kinship of kinship is reckoned in two ways, either by ascend- 

ing from ego to the common ancestor, and descending 
from the common ancestor to the collateral relative 
in question, each intervening person being accounted 
as one degree, i. e. y 

^Saw^ysTem Father's father (grandfather) 

Father 2J3 Father's brother (uncle) 

Ego 1 1 1 4 Father's brother's son (cousin), 

my father's brother's son thereby standing to me in 
the fourth degree ; or by descending from the common 
ancestor to the collateral in question, e. g. t 



Canon and English 
common-law 



Father's father (grandfather) 

system Father i|i Father's brother (uncle) 

Ego 2 [~ | 2 Father's brother's son (cousin), 

my father's brother's son thereby standing to me in 
the second degree. 

NOTE A 
Distinctions between Terms of Kinship and Parental 
Control. 

Dargun, Mutterrecht und Vaterrecht, pp. 1-16. 

Definition of Terms Descriptive of Kinship and Kinship 
Groups. 



Descent and Kinship Systems 253 

Grosse, Die Formen der Familie und die Formen der 
Wirtschaft, pp. 9-14. 

Descent in the Totem Clan. 

Frazer, Totemism, pp. 69-82. 
Fictitious Kinship. 

Post, Grundriss, i., 93-111; Familienrechts, pp. 25-42. 
Kohler, Studien iiber die kunstliche Verwandschaft in Zt. f. 
vergleichende Rechts wissenschaft, v., 415-440. 

Krauss, Sitte und Branch der Sudslaven, Vienna, 1885, 
sec. xxix. 

Levirate. 

Flach, Les institutions pri??iitives: Levirat in Annates des 
sciences politiques, May, 1900. 

Kinship Systems. 

Morgan, Systems of Consanguinity and Affinity of the 
Human Family in Smithsonian Contributions to Knowledge, 
xvii., 10-70. 

Lubbock, On the Development of Relationships in J. A. T., 
i., 1-26. 

Post, Familienrechts, pp. 6-21. 

Reports of the Cambridge Anthropological Expedition to 
Torres Straits, vol. v., sections ii., iii. (classificatory system). 

Effects of Kinship Systems. 

Post, Grundriss, i., 65-93. 

NOTE B 

The Origin of Matronymy. 

Due to dubious fatherhood resulting from exogamy and 
polyandry. McLennan, Studies, etc., p. 124; The Patriarchal 
Theory, p. 216. 

Uncertainty of fatherhood and certainty of motherhood. 
Dargun, Mutterrecht und Vaterrecht, i., 44-46. 

Marriage by capture. Kautsky, Die Entstehung der Ehe, 
etc., p. 267. 

Due to the apparently closer physiological relation between 
mother and child. A convenience in polygyny. In case of 



254 The Family 

separation infants and even older children follow the mother. 
Westermarck, The History of Human Marriage, pp. 96-1 13. 

Due to uncertainty of fatherhood. A convenient rule in 
exogamy for determining who are marriageable women in the 
group. Spencer, Principles of Sociology, i., 641. 

Due to a desire to preclude marriage with mother's kin- 
dred. The father's kindred are known for offspring live in 
his horde ; but the mother's kindred belong to another horde 
and are less well-known, particularly if she is not living at 
the marriage of her children or if the father had many wives 
simultaneously or successively. Cunow, Les bases economiques 
du matriarcat in Le Devenir social, iv., 53-54. 

Meaning of Matronymy in Slavery. 

The outcome of a strict patriarchate. Marital and conse- 
quently paternal power have not been acquired. A slave 
woman's children therefore belong to her owner. Wilken, 
De Verbreidung van het Matriarchat op Sumatra, pp. 38-53. 

A survival of historical matronymy. Failure of the com- 
paratively new patriarchal system to assert itself because of 
the absence of a purchase price allows the old matronymic sys- 
tem to reassert itself. Dargun, Mutterrecht und Vaterrecht, 
i., 143-154. 
Relation between Matronymy and the Matriarchate. 

Matronymy due to the matriarchate. Bachofen, Das 
Mutterrecht, p. xxi. 

Matriarchate a result of matronymy. Westermarck, The 
History of Human Marriage, pp. 111-112, 540. 

Matronymy involves matriarchate. Kautsky, Die Entste- 
hung der Ehe, etc., pp. 343-344. 

The primitive endogamous mother-group (Muttergruppe) 
based on matronymy an universal stage. The matriarchate 
develops from it, but is not an universal stage. Hellwald, 
Die menschliche Fa?nilie, pp. 151, 203, 239-240. 

Order of Genesis of Matronymy and Patronymy. 

Matronymy preceded patronymy. McLennan, Studies, 
etc., pp. 88, 123; The Patriarchal Theory, p. 216. 
Dargun, Mutterrecht und Vaterrecht, i., chap. vi. 



Descent and Kinship Systems 255 

In Australia, Howitt, Native Tribes of South-east Australia, 
p. 283. 

Patronomy preceded matronymy, the latter being origin- 
ally a means in polygyny of determining the full brother 
who was to inherit the family guardianship. Starcke, The 
Primitive Family, pp. 26-27. 

This sequence not invariable. Bernhoft, Zur Geschichte 
des europdischen Faviilie in Zt. f. vergleichende Rechtswissen- 
schaft, viii., pp. 401-402. 

The systems were independently developed. Kautsky, 
Entstehung der Ehe, pp. 256 ff., 388 ff. 

The systems may have been worked out side by side. 
Although in many cases the paternal clan {Vatersippe) has 
suppressed the maternal clan {Muttersippe) the latter is not 
necessarily always the earlier. Grosse, Die Formen der 
Familie, etc. pp. 61, 165-166. 

Origin of Patronymy. 

In the inconvenience of uterine succession when a transi- 
tion is made from nomadic hunting to sedentary agricultural 
life. In encroachments of the local group upon the class 
and totem groups. In the breaking off of tribal fragments 
through marriage elopements, expulsion of offenders, hostile 
invasion, etc. Howitt and Fison, Mother-right to Father- 
right in /. A. I., xii. (1883), 30-42. 

Encroachments of the patriarchate, marriage by capture, 
influence of contact with patronymic societies, migratory life 
of cattle-breeders. Dargun, Mutterrecht und Vaterrecht, i., 
chap. vi. 

Marriage by contract. McLennan, The Patriarchal Theory, 
chap. xiii. 

Origin of the Levirate. 

Review of controversies. Starcke, The Primitive Family, 
pp. i4i-i5 8 - 

A custom of substitution analogous to replacing by the 
wife's family of a wife who dies or turns out ill. Inheri- 
tance of widow by brother or near kinsman characteristic of 
the matriarchate as opposed to the patriarchal custom of in- 
heritance of widows by sons. Tylor, On a Method, etc., p. 253. 



256 The Family 

A special case of the Niyoga, due to an intense desire for 
male issue. Maine, Early Law and Custom, London, 1883, 
p. 106. 

Connected with the obligation to provide for a deceased 
brother's offspring. Spencer, The Principles of Sociology, 

i., 673. 

An extension of the Niyoga. The owner of a woman is 
the owner of her children; and a man's brother does for 
him after his decease what he would have done for him in 
life. Not a survival of polyandry. Mayne, A Treatise on 
Hindu Law and Usage, Madras, 1900, pp. 82-85. 

Possibly a reminiscence of group marriage. Kohler, Zur 
Urgeschichte der Ehe in Zt. f. vergleichende Rechtswissenschaft, 
xii., 321. 

A survival of polyandry. McLennan, The Patriarchal 
Theory, pp. 156-160; The Levirate and Polyandry, in the 
Fortnightly Review, 1877. 
Meaning of Classificatory System. 

Explicable only as originally the result of promiscuous in- 
tercourse involving the cohabitation of brothers and sisters 
as its most common form. Morgan, Systems of Consanguinity 
and Affinity of the Hwnan Family, pp. 143, 469, 474-494. 

Eased on group marriage. Kohler, Zur Urgeschichte der 
Ehe, p. 306. 

Relationships are mere expressions for the results of 
marriage customs. Lubbock, On the Development of Rela- 
tionships in J. A. L., i., (1872), 26. 

A system of mutual salutations merely, but it probably 
grew up with a system of blood ties. Nair and Thibetan 
forms of polyandry can explain it. McLennan, Studies, etc., 
pp. 273,277-278. 

Nomenclature expresses juridical relations. Starcke, The 
Primitive Family, p. 207. 

A recognition of three generations to hinder sexual re- 
lations between relatives in the ascending and descending 
line. Cunow ; Ausiralneger, p. 165. 

Originally a division according to generation to define 
sexual rights of older and younger males. Atkinson, Social 
Origins and Primal, Law, pp. 285-286, 292. 



Descent and Kinship Systems 257 

Originally a system of pointing out seniority and cus- 
tomary legal status. Crawley, The Mystic Rose, p. 476. 

The terms of relationship were extended from the individ- 
ualistic family to larger sets of persons occupying the same 
customary legal status as actual fathers, sons, sisters, etc., 
as family groups (parents and offspring) coalesced into tribal 
societies. Lang, Social Origins and Primal Law, p. 103. 

Originated in the aim of granting facilities for marriage in 
derogation of an earlier system according to which legiti- 
mate sexual alliance had become difficult. Marriage 
regulations were based on the relationship of a father to his 
child, and the idea that gave rise to those regulations also 
originated the classificatory system. Wake. The Origin of 
the Classificatory System of Relationships Used among Primitive 
Peoples, in J. A. /., viii., 144-176. 

Originates in age groups irrespective of kinship. Contem- 
poraries of father are all called father, because the father 
has not yet received a name to distinguish him from them. 
The system has nothing to do with marriage customs. 
Kautsky, Die Entstehung der Ehe, etc., pp. 197-198. 

NOTE C 

Analyse descent and kinship terms in use by ethnologists, or 
compile a dictionary of English, German, and French terms used 
in description of the family, etc., giving instances of use. Review 
groups in which matronymy is (1) primarily, (2) exclusively, an 
exogamous rule ; in which mixed matronymic and patronymic 
systems prevail. Make a comparative study of coexistence of 
matronymy and (1) primitive paternal control (2) patriarchate, 
of matronymy and patronymy and (1) naming and lifting up cere- 
monial, (2) presentation ceremonial (3) beliefs about parts 
played by parents in reproduction, (4) adoption ceremonial. Al- 
most any one of the hypotheses given in Note B might be tested 
by the comparative method followed by Tylor. 

NOTE D 
Veddahs : 

A son inherits from father right to family hunting-ground and 
cave, also axe, bow and arrows, p. 490. 



258 The Family 



Yahgan : 

Descent in both lines, x., 333. Sometimes family names are 
passed from one generation to another, from father to eldest son. 
vii., 170. 

Descent recognised to the fourth or fifth degree, x., 334. 

Central Australians : 

Among Arunta, and Arunta typical of large group of tribes 
inhabiting centre of continent from Lake Eyre to Port Darwin, 
descent counted in male line. p. 70. Not infrequently two 
brothers in blood will marry two sisters in blood. The usual 
plan is for elder brother to marry elder sister ; should, however, 
elder sister marry younger brother then seniority is counted in 
male line. In this case sons and daughters of younger daughter 
are the elder brothers and sisters of those of elder sister, p. 88. 
A child at birth very often named after place at which mother 
imagines she conceived it — that is spot at which she first becomes 
aware that she is atnunta. p. 57 n. 1. A large number of 
prominent rocks and boulders and certain ancient gum-trees are 
trees and rocks of spirits. If a woman conceives a child after 
having been near the gap where these trees and rocks are, it is 
one of these spirit individuals which has entered her body, and 
therefore, quite irrespective of what mother's or father's totem 
may chance to be, that child, when born, must of necessity be 
(in case cited) of witchetty grub totem. It is, in fact, nothing else 
but the reincarnation of one of the witchetty grub people of the 
Alcheringa. p. 124. Idea firmly held that child is not direct 
result of intercourse, that it may come without this, which 
merely, as it were, prepares mother for reception and birth of an 
already formed spirit child, who inhabits one of the local totem 
centres, p. 265. Among Urabunna descent counted through 
the mother both as regards class and totem, p. 60. 

When a child dies not only does actual Mia, or mother, cut 
herself, but all the sisters of latter, who are also Mia to dead 
child, cut themselves. All women call their own children Umba, 
and apply precisely same term to children of their sisters, blood 
and tribal, p. 75. 

Point Barrow Eskimo : 

Women who have several children frequently give away one or 



Descent and Kinship Systems 259 

more of them. Custom of adoption universal and adopted treated 
by parents precisely like their own. Always plenty of families 
ready and willing to adopt orphans, p. 419. 

Cousins spoken of as " one breast," that is, brothers and sis- 
ters, p. 419. 

Behring Strait Eskimo : 

Exploits of a man or woman's father drawn on grave-box, etc. 
p. 311. A child given name of last person who died in village or 
name of a deceased relative who may have lived in another place, 
thus becoming representative of dead person at Festival of the 
Dead. p. 289. 

Childless Eskimo frequently adopt a child, either girl or boy, 
preferably latter, so that when they die there will be some one 
left whose duty it will be to make the customary feast and offer- 
ings to their shades at Festival of the Dead. p. 290. 

Central Eskimo : 

Adoption carried on to a great extent. If for any reason a 
man is unable to provide for his family, or if a woman cannot do 
her household work children adopted by a relative or friend, 
who considers them as his own children, p. 580. Bachelors 
without relatives, cripples, men who have lost their sledges or 
dogs, sometimes adopted and serve without loss of esteem adoptive 
families, p. 581. 

Wyandots : 

Descent in female line, " the woman carries the clan." p. 59. 

Prisoners of war adopted into tribe and therefore necessarily 
into some family or killed, p. 68. 

Two young men may agree to be perpetual friends. Each 
reveals to other secrets of his life, counsels with him on mat- 
ters of importance, defends him from wrong or violence, and at 
his death is chief mourner, p. 68. 

Melanesians : 

Banks' Isls. and New Hebrides : Two matronymic, exogamous 
divisions. No distinguishing name or badge. Members of one 
veve (division) said to be tavalaitna to the other, "of the other 
side of the house." Florida and adjacent Solomon Isls.: Six 



260 The Family 

matronymic, exogamous kin divisions, named after places or 
animals. Each division has its abomination, buto, to eat or see 
or touch which would be a dreadful thing. In one case only 
is the buto the creature after which division is named. Ulawa, 
Ugi, parts of San Cristoval, Malanta, Quadalcanar : No kin 
divisions, descent follows the father, pp. 21-34. 

Adoption common; childless parents naturally adopt a child 
of same division as adoptive mother. If an orphan of father's 
division is adopted, when it is grown, it will leave its adoptive 
parents and go to members of its own division, p. 23. 

Ewe-Speaking Peoples : 

Kinship traced through females. Arunas, an eastern tribe, say 
that lower jaw is only part a child gets from mother. All the 
rest of the body comes from ancestral spirits {The Yoruba- 
Speaking Peoples, p. 131, footnote). Among upper classes only 
in Dahomi kinship traced through fathers, involving paternal 
proprietorship in children and primogeniture, pp. 209-210. Also 
pp. 163-164. Among easterly tribes, priest tells what ancestor 
has sent child, and gives it a name, purifying it by bathing its 
head with water eight days after birth, p. 154. 

If a wife have no children, children of her slave by her husband 
regarded as hers. p. 205. The novitiate in the priesthood con- 
sidered to belong to family of chief priest who initiates him. If 
chief priest dies childless he is the heir. A slave considered in 
every sense a member of his owner's family. He calls his owner 
"father," and is called in turn "son" or "daughter." p. 291. 

Kinship does not appear to be traced beyond fourth cousin, 
p. 208. 

Tshi-Speaking Peoples : 

Said that formerly male infants always had for a second name 
(the first name comes from birthday of child) that of maternal 
grandfather, and females that of maternal grandmother. Now 
eight days after birth father visits child. Handed to him, he 
squirts a little rum from his mouth into its face, and gives it its 
second name, generally that of a particular friend or deceased 
ancestor, pp. 234, 233. Matronymic clan organisation. Clan 
name the test of kinship. (Yoruba- Speaking Peoples, p. 297.) Next 
of kin is a man's brother born of same mother ; then his 



Descent and Kinship Systems 261 

eldest sister's eldest male child ; then the nephew next in order 
of descent, p. 298. 

A woman who has not heard of her husband for three years 
may marry again, and right of second husband remains valid 
even should first return, but any children by the second may be 
pawned by the first husband, p. 285. If a wife have no children, 
then children of her slave by her husband regarded as hers. p. 288. 
Slave addresses master as " my father," and master slave as " my 
son." p. 291. 

Yoruba-Speaking Peoples: 

Kinship traced through both parents, p. 176. Children by 
different mothers, but same father, by many natives still scarcely 
considered true blood-relations, p. 176. Seven days after birth 
in case of girl, nine days in case of boy, priest performs cere- 
mony of purification for mother and child. Bathing child's head 
with water, repeats three times its name. p. 153. Soon after a 
birth a priest ascertains what ancestral soul has been reborn in 
infant, and parents informed that it must conform in all re- 
spects to manner of life of this ancestor, p. 152. 

Formerly when an elder brother died next brother married his 
head-wife, and were deceased childless, first son of this second 
marriage named after him and considered to fill place of son, but 
he inherited only from actual father, p. 186. 

Thompson River Indians: 

Blood relationship considered a tie which extended over 
generations, both in male and female line. p. 290. A child 
could be named from either father's or mother's ancestors or 
people, pp. 290-291. When adults changed their names, the 
name generally chosen that of some deceased relative, such as 
father, brother, uncle, etc., in case of males. Name of a deceased 
relative not taken until at least a year or more after death. It is 
a matter of pure choice among a group of relatives who shall 
take name of deceased or whether it shall be taken at all. How- 
ever, nearest of kin generally takes it, and older takes precedence 
of younger, p. 29r. 

Some captive children were adopted into family of their master, 
p. 290. 



262 The Family 

Kabyles : 

Seubkha. If a woman remarries and is confined before nine 
months, the child may be claimed by her husband as his unless 
she has declared before witnesses that she was pregnant before 
marriage. In which case child is returned to her first husband 
or his relatives, iii., 439. 

Ancient Arabs : 

Nor has he made your adopted sons your real sons. Call them 
by their fathers* names ; that is more just in God's sight, xxxiii., 
4-5- 
Ancient Hebrews : 

And yet indeed she [Sarah] is my sister ; she is the daughter 
of my father, but not the daughter of my mother ; and she became 
my wife. Gen. xx., 12. 

Rachel was barren, and she gave her maid Bilhah to Jacob 
that she might have children by her. A son was born to Bilhah, 
and Rachel said: God hath given me a son. Leah also gave her 
maid to Jacob. Two sons were born, and Leah named them. 
lb. xxx., 4-13. 

And Judah said unto Onan, his son ; go in into thy brother's 
wife, and marry her, and raise up seed to thy brother. The Lord 
slew him for failing to do this thing. lb. xxxviii., 8-10. If 
brethren dwell together and one of them die, and have no child, 
the wife of the dead shall not marry without unto a stranger : her 
husband's brother shall take her to him to wife, and perform the 
duty of a husband's brother unto her. And it shall be, that the 
firstborn which she beareth shall succeed in the name of his 
brother which is dead, that his name be not put out of Israel. 
And if the man like not his brother's wife, then let his brother's 
wife go up to the gate unto the elders, and say, my husband's 
brother refuseth to raise up unto his brother a name in Israel, he 
will not perform the duty of my husband's brother. Then the 
elders of his city shall call him, and speak unto him : and if he 
stand to it and say, I like not to take her ; then shall his brother's 
wife come unto him in the presence of the elders, and loose his 
shoe from off his foot and spit in his face, and shall answer and say, 
So shall it be done unto that man that will not build up his brother's 
house. And his name shall be called in Israel, The house of him 



Descent and Kinship Systems 263 

that hath his shoe loosed. Deut. xxv., 5-10. The nearest kinsman 
of Mahlon, deceased, refused to redeem his land and marry his 
widow to raise up the name of the dead upon his inheritance lest 
he should mar his own inheritance. Ruth iv., 5-6. 

Babylonians : 

If either a slave of the palace or a slave of a freeman take the 
daughter of a man (gentleman) and she bear children, the owner 
of the slave may not lay claim to the children of the daughter of 
the man for service. § 175. 

If a man take in his name a young child as a son and rear him, 
one may not bring claim for that adopted son. § 185. If a man, 
who has taken a young child as a son and reared him, establish 
his own house and acquire children, and set his face to cut off 
the adopted son, that son shall not go his way. The father who 
reared him shall give to him of his goods one-third the portion of 
a son, and he shall go. He shall not give to him of field, garden, 
or house. § 191. 

Ancient Hindus : 

The husband, after conception by his wife, becomes an em- 
bryo and is born again of her. ix., 13. A student may not beg 
from his oiun or his mother s blood-relatives, ii., 184. .By the 
sacred tradition the woman is declared to be the soil, the man is 
declared to be the seed. In some cases the seed is distinguished 
and in some the womb of the female ; but when both are equal, 
the offspring is most highly esteemed. . . . The seed is declared 
to be more important, for the offspring of all created beings is 
marked by the characteristics of the seed, ix., 33-36. 

The offspring of a man who marries a second wife having 
begged money to defray the marriage expense belong to the giver 
of the money, xi., 6. The owner of a woman, not the begetter 
of her children, is the father of her children, ix., 48-55. On 
failure of offspring a woman who has been authorised may obtain 
children by cohabitation with a brother-in-law or some other 
Sapinda of her husband. Not more than one, or, at any rate, two 
sons shall be obtained in this way and then the cohabitation 
shall utterly cease, on pain of becoming outcasts, ix., 59-63. If 
a younger brother beget a son to his elder brother, then the latter 
foregoes his right to an additional share of the paternal inherit- 



262 The Family 

Kabyles : 

Seubkha. If a woman remarries and is confined before nine 
months, the child may be claimed by her husband as his unless 
she has declared before witnesses that she was pregnant before 
marriage. In which case child is returned to her first husband 
or his relatives, iii., 439. 

Ancient Arabs : 

Nor has he made your adopted sons your real sons. Call them 
by their fathers' names ; that is more just in God's sight, xxxiii., 
4-5- 
Ancient Hebrews : 

And yet indeed she [Sarah] is my sister ; she is the daughter 
of my father, but not the daughter of my mother ; and she became 
my wife. Gen. xx., 12. 

Rachel was barren, and she gave her maid Bilhah to Jacob 
that she might have children by her. A son was born to Bilhah, 
and Rachel said: God hath given me a son. Leah also gave her 
maid to Jacob. Two sons were born, and Leah named them. 
lb. xxx., 4-13. 

And Judah said unto Onan, his son ; go in into thy brother's 
wife, and marry her, and raise up seed to thy brother. The Lord 
slew him for failing to do this thing. lb. xxxviii., 8-10. If 
brethren dwell together and one of them die, and have no child, 
the wife of the dead shall not marry without unto a stranger : her 
husband's brother shall take her to him to wife, and perform the 
duty of a husband's brother unto her. And it shall be, that the 
firstborn which she beareth shall succeed in the name of his 
brother which is dead, that his name be not put out of Israel. 
And if the man like not his brother's wife, then let his brother's 
wife go up to the gate unto the elders, and say, my husband's 
brother refuseth to raise up unto his brother a name in Israel, he 
will not perform the duty of my husband's brother. Then the 
elders of his city shall call him, and speak unto him : and if he 
stand to it and say, I like not to take her ; then shall his brother's 
wife come unto him in the presence of the elders, and loose his 
shoe from off his foot and spit in his face, and shall answer and say, 
So shall it be done unto that man that will not build up his brother's 
house. And his name shall be called in Israel, The house of him 



Descent and Kinship Systems 263 

that hath his shoe loosed. Deut. xxv., 5-10. The nearest kinsman 
of Mahlon, deceased, refused to redeem his land and marry his 
widow to raise up the name of the dead upon his inheritance lest 
he should mar his own inheritance. Ruth iv., 5-6. 

Babylonians : 

If either a slave of the palace or a slave of a freeman take the 
daughter of a man (gentleman) and she bear children, the owner 
of the slave may not lay claim to the children of the daughter of 
the man for service. § 175. 

If a man take in his name a young child as a son and rear him, 
one may not bring claim for that adopted son. § 185. If a man, 
who has taken a young child as a son and reared him, establish 
his own house and acquire children, and set his face to cut off 
the adopted son, that son shall not go his way. The father who 
reared him shall give to him of his goods one-third the portion of 
a son, and he shall go. He shall not give to him of field, garden, 
or house. § 191. 

Ancient Hindus : 

The husband, after conception by his wife, becomes an em- 
bryo and is born again of her. ix., 13. A student may not beg 
from his own or his mother s blood-relatives, ii., 184. .By the 
sacred tradition the woman is declared to be the soil, the man is 
declared to be the seed. In some cases the seed is distinguished 
and in some the womb of the female ; but when both are equal, 
the offspring is most highly esteemed. . . . The seed is declared 
to be more important, for the offspring of all created beings is 
marked by the characteristics of the seed, ix., 33-36. 

The offspring of a man who marries a second wife having 
begged money to defray the marriage expense belong to the giver 
of the money, xi., 6. The owner of a woman, not the begetter 
of her children, is the father of her children, ix., 48-55. On 
failure of offspring a woman who has been authorised may obtain 
children by cohabitation with a brother-in-law or some other 
Sapinda of her husband. Not more than one, or, at any rate, two 
sons shall be obtained in this way and then the cohabitation 
shall utterly cease, on pain of becoming outcasts, ix., 59-63. If 
a younger brother beget a son to his elder brother, then the latter 
foregoes his right to an additional share of the paternal inherit- 



266 The Family 

ren nor legitimate descendants, and when they are at least fifteen 
years older than individuals whom they propose to adopt. 345. 
Right to adopt can only be made use of in favour of individual to 
whom person has given assistance or of whom he has taken care 
uninterruptedly during six years at least when he was under age, or 
in favour of one who has saved the life of person who adopts, 
either during a battle or by rescuing him from fire or water. In 
second case it shall be sufficient if adopter is of full age, older 
than adopted, without children or legitimate descendants, and 
when married, if husband or wife consents to adoption. 346. 
Adoption can never take place before the adopted is of full age. 
If adopted still has his father and mother, or one of them, and 
has not reached full age of 25, he shall be bound to produce 
the consent to the adoption given by his father and mother or the 
survivor of them ; and if he is over 25, to solicit their advice. 

People of United States : 

In some States an illegitimate child follows settlement of 
mother. § 278 a. 

In some States adoption recognised, rights oi adoptive parents 
being treated substantially as those of a natural parent In some 
cases adoption of a stranger as co-heir with one's own child dis- 
countenanced and in some States adoption not allowed at all. 
§ 232. 



LECTURE XII 

KINSHIP GROUPS. THE PRIMITIVE SIMPLE FAMILY. THE 
COMPOUND FAMILY. THE MATRIARCHATE 

BLOOD-KINSHIP is in all social groups an im- Biood-kinship and 
portant, if not the most important, social tie, and 
kinship groups are the chief, if not the only, social 
organisations of any community. Simple groups of Kinship groups 
parents and their offspring, more complex groups con- 
sisting of more than two generations and frequently of 
collateral kinsfolk (the compound family, matriarchal 
or patriarchal), still more complex groups claiming 
descent from a common ancestor, the clan (totem 
clan, matriarchal and patriarchal clan) and phratry are 
the social groups based on kinship. The tribe and 
tribal confederation may or may not be so considered. 
There are several different types of tribal organisa- 
tion. We shall refer to them briefly in describing 
the smaller kinship groups. 

There is probably no known group of human beings simple family 
in which no blood-kinship is recognised outside of the 
simple group of parents and offspring ; but this group 
may be and frequently is the only kinship group to 
the members of which reciprocity of rights and duties 
to any extent attach. As such it is characteristic both 
of small primitive hordes and of complex modern 
societies. 

The simple family of the primitive horde 1 is usually organisation of 

primitive simple 
1 Group marriage or quasi-group marriage is also found in this cultural family 
stage. 

267 



268 The Family 

monogamous. When polygyny occurs, the number 
of wives is commonly small, rarely more than two or 
three, and there is little or no subordination among 
them. In exogamy wives always follow their hus- 
bands' hordes. Husband and father mastery while 
the group remains together is pronounced. Wives, 
however, are not uncommonly exchanged with or lost 
to other men. In separation offspring follow either 
father or mother. If young they always continue with 
the mother. The birth rate is usually high. There 
is also a high infant death rate. It is due to natural 
causes or to the practice of infanticide. Foeticide and 
the prevention of conception are of comparatively rare 
occurrence. The number of children in a family is 
two, three, or four, seldom more. The period of lac- 
tation is long, lasting from two to three or even four 
or five years. After this period children quickly learn 
through imitating the very simple economic arts of 
their families to provide for themselves. Parents are 
indulgent or indifferent ; discipline is rare. Sons are 
separated from their mothers when from seven to 
twelve years old, and a few years later become inde- 
pendent of their fathers. Daughters are married off 
when very young, often before nubility. In many 
cases nubility occurs at from eight to twelve years of 
age. Wives are obtained through the barter of 
daughters or sisters or through special acts of service. 
Presents sometimes accompany the bargain. Female 
chastity before marriage is unusual ; but the adulteress 
may be brutally punished by her husband. Where 
descent is formally reckoned, it may be in both lines 
or it may be either matronymic or patronymic. The 
classificatory seems in most cases to be the prevailing 



The Primitive Simple Family 269 

kinship system. The reckoning of descent becomes 
more important and more formal under clan organisa- 
tion, for exogamous marriage restrictions are thereby 
denned, and the passing on of totemic practices 
thereby regulated. 

It is necessary at this point to consider briefly the Totemism 
system of primitive thought known as totemism. A 
totem is a class of objects — animals, plants, stones, 
etc., or in rare instances artificial things — which are 
believed to be intimately and helpfully related to a 
man. There are three kinds of totems — individual, 
sex, and clan totems. The individual totem is of 
interest in a study of the family from the facts that it 
is sometimes inherited by a son, a nephew, etc., and 
that the securing of a totem for a child at birth or 
later is a matter of parental solicitude. The sex 
totem is a striking illustration of the differentiation 
of interests according to sex. Women sometimes 
defend their totem with considerable force and acri- 
mony against the attack of men, and vice versa. 
Totemism is most widespread and most influential 
in the clan organisation. The clan totem is reputed 
to be the common ancestor of all members of the 
clan. Members of the totem clan are commonly for- 
bidden to eat or kill or, in case of a plant, cut 
representatives of the species to which their ancestor 
belongs, although on rare occasions they are in some 
cases obliged to eat or gather, although sparingly, 
such representatives. Sometimes they may not 
touch or even look at their totem, and various 
practices expressive of respect or affection for the 
totem are customary. Sickness or death are com- 
monly believed to follow infractions of totem regula- 



270 



The Family 



Totem clans 



Blood-feud 



Phratry 



tions. Totem insignia are used in personal decoration 
through painting, tattooing, scarification, arrangement 
of the hair, etc., and in the decoration of weapons, 
boats, household equipments, graves, etc. Rites for 
the purpose of increasing the totem-species or for 
purposes which are not as yet fully understood, but 
which are plainly expressive of animistic 1 thought, are 
practised on occasions of the assembly of members 
of the totem clan. The initiation of the youth into 
the totem regulations or magic of their totem clan is 
one of the most important of these occasions. Birth 
and marriage ceremonial have also at times a totem- 
istic character, assimilation with or the protection of 
the totem being desired. Totem clans are with rare 
exceptions exogamous (the relation between totemism 
and clan exogamy is still, however, an open question); 
so that local groups or hordes are made up of members 
of different totem clans. Under a patronymic system 
the horde will obviously be more homogeneous than 
under a matronymic (except perhaps in rare matri- 
archal cases where the husband joins the wife's 
group). Theoretically, blood-feud is a function of 
the totem clan. (Blood-feud is the exaction of re- 
venge for injuries received by a member of a kinship 
group by the whole group, and the payment by the 
group of compensation — composition — for injuries in- 
flicted by one of its members upon the member of 
another kinship group.) Practically, however, the 
horde tends to share in the quarrels of its members. 

Totem clans are sometimes grouped together into a 
phratry, or rather a tribe subdivided into two, four, 

1 The method adopted is usually that of assimilation with the totem through 
representation of its appearance or motions. 



The Primitive Simple Family 271 

or eight divisions, which in turn contain, although 
not in all cases exclusively, two or more totem clans. 
Such phratries are usually exogamous. At funerals 
or festivities clans may assemble as phratries, and 
in the case of inter-clan murder, the phratries may 
intervene. 

To return to the primitive type of simple family, Primitive simple 
we find it in groups both with and without a totem andho'rde**" 
clan or phratry organisation. In the former case the 
functions of the family tend to be more or less taken 
over by the clan. In either case the local group or 
horde to which the family belongs is comparatively 
small, consisting of from twenty to one hundred or 
one hundred and fifty individuals. Even in such Kinship within the 
small hordes families may camp separately, either 
singly or by twos or threes. These families are 
likely to be related by blood. They may be, for 
example, the families of two brothers, or of father and 
son or son-in-law. In fact, whatever the prevalent 
kinship system, many mbers of the horde itself are 
bound to be blood as well as totem kindred. This is 
all the more likely where there is no exogamous 
totem clan system and the horde is endogamous. 

This scattering of the families in the horde as well Effector mode of 
as the limited number of the horde itself is due to the ^group"" " 5 "" 
exigencies of the mode of subsistence, a low type of 
hunting or fishing. The hordes live, as a rule, in bar- 
ren regions, in which plant and animal life is more or 
less scant. The men kill or trap small game or fish Division of labour 

« . . r . . according to sex 

and the women gather insects, roots, fruits, berries, or 
shell-fish. The meagreness of this food supply pre- 
cludes a settled life as well as the formation of large 
groups. The families or hordes migrate over land Migratory groups 



272 



The Family 



The tribe 



Its government 



Inheritance 



which is accounted common to the horde or tribe to 
which the horde belongs. The men of the horde may 
sometimes unite in hunting or fishing excursions, the 
spoils being more or less definitely apportioned accord- 
ing to the parts played in the capture. In some cases, 
however, there seems to be a tendency for individuals, 
z. e., heads of families, to appropriate hunting or fish- 
ing places and to pass on the right to use them to 
their sons. There is need of much more ethnographic 
information on this subject. 

Several hordes speaking the same dialect and uniting 
for fighting or festivity or for the practice of magic 
ceremonial by the totem clansmen may compose an 
undeveloped type of tribe. There is as a rule no tribal 
chief or council. In fact in groups without a totem 
clan organisation there is so little intercourse between 
the hordes that the tribe as a social organisation is 
practically non-existent. Affairs are directed by the 
elder, sometimes by the stronger or more enterprising 
or by the magically gifted men of the horde. One 
of the elder men may have predominating influence. 
Under totem clan organisation, if the tribe is patro- 
nymic, and the hordes as we have seen tend to be 
composed of a majority of one totem clan, wives always 
living in their husbands hordes, the head-man may 
have to belong to the predominant totem clan. 

There is a tendency for this position to be passed on 
from father to son if, at the death of the former, the 
latter be of a suitable age, if he be competent, and if 
he belong to the predominant totem clan. Sons may 
also inherit magic ceremonial from their fathers where 
there is an individual as well as a clan totem system. 
Even under the latter system special ceremonies may 



The Primitive Simple Family 273 

be passed on in families. In case of polygyny sons 
inherit their fathers' wives if they are old enough, to 
marry them, otherwise they go as a rule to their fath- 
er's brothers. Sons also inherit, as a rule, the right of 
bartering their sisters in marriage. There is little or 
no personal property of other kinds to inherit. A 
man's weapons, boats, traps, etc., are frequently broken 
or buried or burned at his death. Sometimes they 
are given away by his heirs. In these customs and in Beginnings of 

ill • • r r r J J ancestor-worship 

customs probably arising from tear of deceased per- 
sons, — deserting or destroying the hut of the deceased, 
frightening away his spirit by noise, charms, etc., 
ceasing to speak of him by name, amputating or bind- 
ing the fingers, hands, feet, etc., of the corpse, kill- 
ing the enemy who is supposed to have caused his 
death, — maybe seen the beginnings of ancestor-wor- 
ship. We shall consider this subject more fully in 
discussing the compound patriarchal family where a 
fully developed ancestor-worship is an extremely 
influential factor. 

As in the case of totem clan so with that of com- The compound 
pound family organisation, the functions of the simple family 
family tend to be merged into those of the larger 
group. In the compound matriarchal or patriarchal 
family three or more generations of ascendant or de- 
scendant or collateral relatives are bound together by 
special economic, juridical, and religious ties. The re- 
ligious and some of the economic ties we shall con- 
sider in connection with special types of compound 
families. The juridical and other economic ties may 
at once be described as their character is in general the 
same. In well-developed types of compound family PropcTty 
property is generally owned in common by the group. 
18 



2 74 The Family 

All forms of property, movable and immovable, cattle, 
field and household implementsjand and dwellings, and 
even clothes, may be held in common, or special kinds 
of property or property that has been individually 
acquired or produced, war-booty, cultivated fruit-trees, 
and gardens, etc., maybe looked upon as belonging to 
the individual acquirer or producer. All inherited 
property may in this sense be group property. Land 
— hunting, pasture, and even tillable land — may belong 
to the clan or tribe instead of to the compound family. 
In this case the use of the land only may be given to 
would-be cultivators and the land may revert to the 
landlord group whenever it ceases to be cultivated or 
at the end of an arbitrary period. — We should note 
carefully in this connection, that the notions of land- 
ownership, both individual and communal, that are 
held in ethnic groups differ to a considerable extent 
from those of civilisation. In the former, the habit of 
using a piece of land leads to the idea of the right to 
use it 1 ; in the latter, land is assimilated with other 
forms of property to be used or not at the pleasure of 
the possessor. — The rights of the different family mem- 
bers upon the family property vary. The family head 
may have the sole control, or every male, more rarely 
female, member may have an equal claim. In some 
cases family property may be indivisible, in others, 
it may be alienated under special circumstances, 
e.g., great poverty, the paying of family debts or 
ransoms, at the consent of all members of the family. 
Again, in other cases, a partition maybe provided for 
at a given time or generation, in the lifetime or at the 

1 See Lasch, Die Land-wirtschaft der Naturvolker in Zt. f. Socialwissen- 
schaft, vii, ( 1904), 256. 



The Compound Family 275 

death of the housefather, in the second or third gen- 
eration, etc., or when the group has grown beyond a 
certain size. Frequently a partition or individual in- 
heritance of personal property is customary while that 
of real property is not. The selling of real property 
owned by the compound family may also be forbidden. 
Again, property may be sold out of the simple family 
but not out of the larger kinship group, z. e., compound 
family, or if the former means of disposal be allowed, 
then an option of purchase (preemption) or a right to 
redeem the property belongs to the kinsmen. Inherit- 
ance of family property varies according to the type 
of the compound family. We shall, therefore, con- 
sider this subject again later. 

All the members of the compound family are, as a juridical ties 
rule, responsible for the offences of any one member. 
They are subject with him to fine or punishment. 
They may also be called upon to pay his debts, to ran- 
som him from captivity, or to support him or his wife 
and offspring if he become destitute or fall in war, or 
if need be to contribute to the bride-price he may have 
to pay for a wife. The compound family is also bound 
to support its helpless members in general, young or 
old or invalid. Frequently no member of the com- 
pound family may leave it without permission and, on 
the other hand, exile from the group may be inflicted 
only for stated offences. The group exacts blood- 
vengeance or composition for offences committed 
against its members. A word about this principle of Biood-feud 
revenge in ethnic society will be in place. Vicarious- 
ness is characteristic of revenge in ethnic society. 
Killing must be revenged by killing, but not necessarily 
by that of the murderer. A member of his family, 



276 



The Family 



Composition 



Encroachment of 
state upon family 
law 



simple or compound, of his clan or of his tribe may 
be the object of vengeance. Similarly blood-feud may 
be carried on by one or another of these kinship groups. 
From the ethnographical information given it is often 
very difficult to determine upon which or what part of 
a kinship group the duty of blood- feud falls. In some 
cases it may be limited to the nearest blood-relatives, 
in others it falls indifferently upon any kinsman. In 
many cases blood-feud is a duty to the murdered. For 
neglect to revenge his death his living relatives would 
be punished by his spirit. In many communities 
blood-vengeance may be bought off by payment of a 
blood-price, by composition. The blood-price com- 
monly varies according to sex, age, or rank. The 
murder of a woman costs less, as a rule, than that of a 
man. A woman of child-bearing age or a pregnant 
woman is valued higher than a female of non-repro- 
ductive age or capacity. Children, male as well as 
female, are of less value than adults. Where eco- 
nomic classes are at all differentiated the murder of a 
slave or commoner, for example, is redeemable for less 
than that of a noble or chief. Death or enslavement 
are the most common results of inability to pay the 
blood-price. The practice of composition may be more 
or less fortuitous, the injured person or family may have 
the right to choose between blood-vengeance or com- 
position, or composition only may be sanctioned by the 
group. The function of blood-feud tends to disappear 
with many other family functions with the develop- 
ment of the state. Transition forms are the custom 
of the aggrieved family paying the chief or over-lord 
for punishing the offender, of the latter's handing over 
the arrested offender to the family for punishment, of 



The Compound Family 277 

the right of the family to participate in the execution 
of the offender, and, most important of all, of confining 
the punishment to the offender himself instead of vi- 
cariously punishing any member of his kinship group. 

Compound family groups may or may not form a Relation of com- 
common household. In the former case the recog- houBehokTgroup, 
nised kin may also extend beyond the house-corn- ^^J^ibe' l ° 
munity. The compound family ties are closer at times 
than those of the simple families within it. The claim 
of the group-head to the obedience, service, etc., of the 
group members may, for example, be greater than that 
of the father in the constituent simple family to the 
obedience, service, etc., of his offspring. On the other 
hand, reciprocal rights and duties are as a rule graded 
to a certain extent according to nearness of blood. 
The duty of blood-vengeance, for example, may fall 
(under patriarchal organisation) first upon the son of 
the man to be revenged, then upon his brother, then 
upon his paternal uncle or cousin, and finally upon any 
or all of his more remote agnatic kinsmen. Compound 
family ties are also more binding than those of local 
groups or totem clans (where these exist) or tribes, 
whenever a distinction is made between the compound 
family and the latter social types. 

There is much confusion both of thought and termin- Need of definition 
ology in regard to the compound family and the ° groups 
totem or non-totem matriarchal or patriarchal clan. 
Physical concentration, z. e., a common household, may 
be taken as a criterion, but only a partial criterion of 
the compound family as distinguished from the mat- 
riarchal or patriarchal clan ; for the reciprocal rights 
and duties of a blood group whose simple families 
live in separate households mav be equal to, if not 



278 



The Family 



The matriarchal 
family 



Matronymy 



Residence with 
wife's family 



Mixed systems 



greater than, those of a group living in the same 
household. The whole subject needs careful analysis 
and definition. We shall not attempt this here. In 
the special studies suggested in Note C we may find 
that some of the features already given in the de- 
scription of the compound family and to be given in 
the descriptions that are to follow of special types of 
compound family may more properly be considered 
characters of the matriarchal or patriarchal clan or, 
in accordance with the distinctions already made be- 
tween matriarchate and matronymy, etc., of the 
matronymic or patronymic clan. 

A pure type of matriarchal family is rare. Some of 
the features which we are about to discuss are found 
in one community, some in another. 

Matronymy always accompanies the matriarchate, 
but, as we have already seen, it is not exclusively 
characteristic of the matriarchal family. Residence 
with the wife's kinsfolk is, on the other hand, a more 
certain index of this type of family. Here again, 
however, there is a tendency both in the simple and 
compound patriarchal family for the older and leading 
men to retain their married offspring, daughters and 
sons. This residence may be permanent, or, as in 
marriage by service, temporary. Correspondingly, all 
offspring may be accounted to the maternal kindred, 
or only offspring that are born during the temporary 
residence in the maternal home. Of great interest in 
this connection, as well as in the study of methods of 
mate-getting, is the co-existence in the same com- 
munity of marriage by purchase, with full marital and 
paternal powers, and residence, of course, in the man's 
home, and marriage by service, with limited marital 



The Matriarchate 279 

and paternal power and residence in the woman's home. 
Marriage may be polyandrous, polygynous, or monoga- Forms of marriage 
mous. If polygynous, the wives are frequently sisters sister-poiygyny 
or other relatives, ranking, as a rule, according to sen- subordination 
iority. The value of woman's work, which we shall con- 
sider later, creates a tendency towards polygyny. The 
right to divorce is, in general, reciprocal. Offspring re- 
main with the mother or her family. The number of off- Abortion 
spring is often artificially limited, abortion being the 
most common means in use. The lactation period is Lactation 
often long, although such protracted periods as four 
or five years are rare. The mother and her male rela- control of offspring 
tives, particularly her brothers, have the major control 
of the children ; infanticide may not be practised with- 
out their consent ; they determine the marriage of 
daughters and receive the marriage gifts from the 
groom ; they sometimes make return gifts. Girls have, 
as a rule, however, some influence in the selection of 
their husbands, although infant- and child-betrothal 
also occur. Lack of chastity in girls before marriage 
is not uncommon. Sometimes it is condemned, some- 
times it meets with more or less indulgence. Wifely 
infidelity is more severely treated ; but the punish- 
ments are not as harsh as under patriarchal organisa- 
tion. Marriage occurs at or after nubility. Youths Age at marriage 
may not marry until some time after puberty, either 
because of the difficulty of getting a wife or because 
of initiation rules. Initiation takes place between the A t initiation 
ages of fourteen and eighteen. There are traces of 
discipline in the bringing up of children and more or Discipline of 
less systematic training of boys in endurance, speed, offs P rin e 
courage, etc. This task frequently falls to the Avuncuiate 
mother's brother. The system of claims upon the 



280 The Family 

mother's brother for such discipline, for support and 
protection in various ways, and for inheritance of rank 
or property, is known as the avunculate. 1 Under the 
avunculate, as a rule, the mother's brother has had a 
say in the marriage and protection of the mother, his 

raj*-right sister, as well as of her children. Vasu-right 2 is an 

extreme form of the avunculate. By it the nephew 
has a claim upon his maternal uncle's property, even 
during the latter's lifetime. 

character of group In case of a common household or house-community, 

cLrfamiiy belongs from twenty to five hundred individuals may live to- 
gether, and several households may camp or settle in 
one group. In the case of hunters or fishers, these 
groups are still migratory, but the stays in different 
places are longer and there may be permanent seasonal 
villages. The food supply is more abundant and certain, 
for these groups live in more favourable regions where 
animal life is richer than do the lower cultural groups. 

Economic arts The weapons, nets, and traps of the men, moreover, are 
better adapted for hunting and fishing, and the women, 
besides gathering shell-fish, roots, berries, etc., also, in 
some cases, carry on, even where hunting or fishing 
is the chief mode of subsistence, a primitive kind of 
agriculture. But in the greater number of communi- 
ties, where matriarchal features are at all marked, the 
tilling of the soil by both sexes tends to be the chief 
and most dependable mode of subsistence. In such 
agricultural communities the groups are still larger 
and the life is sedentary. Handicrafts begin to de- 
velop. The men build canoes and huts and make 
nets. The women weave and make pottery. It is 
evident, therefore, that the economic training of boys 

1 Avunculus, mother's brother. 2 Fiji term. 



The Matriarchate 281 

and girls will cover a longer period than in the ruder 

community of the primitive simple family. It is evi- Effects of increased 

11 , 1 1 r , value of female 

dent, also, that the increased value 01 woman s labour 
work will be a factor in determining residence in the 
bride's home, as well as in creating a desire for po- 
lygyny among the older and richer men, the household 
heads. Personal property consists of women, in a inheritance 
few cases of slaves, of boats, utensils, clothes, including 
blankets, weapons, traps, etc. It is inherited either 
through the maternal uncle, as we have seen, or 
through the mother, married women having a right 
to certain kinds of goods — e.g., household utensils and 
clothes. The hut or lodge may also be accounted 
theirs. These goods may be inherited by daughters. 
Otherwise women do not, as a rule, inherit. They are 
rather inherited. Exceptions to this rule are, of 
course, cases where women are the household heads. 
Sons (or nephews) inherit equally as a rule. In the Equal inheritance 
agricultural groups land and dwellings are owned in 
common by the house-community. Partial inheritance 
through the father is, as we shall see later, a common 
indication of transition from the matriarchate to the 
patriarchate. Personal property is also to a certain Developing 

. ancestor-worship 

extent destroyed with the deceased. As relations 
with deceased relatives are close, their spirits are pro- 
pitiated with food, drink, etc., offerings, and they are 
appealed to for help. Totemism is, however, more or changed character 
less well-developed, although it has assumed more of 
a religious and less of a juridical or economic charac- 
ter. Totem clans are primarily exogamous marriage 
groups. 1 On the other hand, where husbands perma- 

1 This statement may at first seem inconsistent with the preceding. What- 
ever the origin of exogamy, it seems, however, in view of the supernatural 
sanctions so generally attaching to it, to be a religious rather than a juridical fact. 



282 



The Family 



nently join their wives' groups, the totem clan tends to 
be a more concentrated group, with economic and 
juridical functions. Land may be common to the to- 
tem group. It may be wholly or partially cultivated 
in common. The totem group may be responsible for 
the acts of its members, and it may exact composition 
for injuries suffered by any member. 

Tribal government The local group, whether or not a totem clan, is, as 
a rule, governed by heads of kinsfolks. These camps 
or villages may be coalesced into a tribe or district 
governed by a tribal council and chief, whose functions 
are primarily military. Tribal confederations or 
petty kingdoms may also arise. In the first case, the 
tribal chiefs form the council of the confederation ; 
in the second, one of the tribes or chiefs has usurped 
control of the others, and group control tends to take 
on a territorial character. 

Gynocracy Elder women are, in a few cases, the heads of kins- 

folk. They even have a seat or a voice in the tribal 
council (gynocracy), and there have been exceptional 
cases of female tribal chiefs. As a rule, however, the 
kinsfolk heads are the eldest or most competent 
males. They may be elected, or the headship may- 
be inherited by brother or nephew. 

NOTE A 

Kinship Groups. 

Post, Familienrechts, pp. 43-53, 104-112. 
Giddings, Principles of Sociology, pp. 157-168. 

Simple Primitive Family. 

Dargun, Mutterrecht und Vaterrecht, chap. ii. 
Grosse, Die Formen der Familie und die Formen der 
Wirthschaft, chap. iv. 
Kautsky, Die Entstehung der £/ie, etc., pp. 200-207. 



The Matriarchate 283 

TOTEMISM. 

Frazer, Totemism. 
Tribal Government in Australia. 

Howitt, Native Tribes of South-East Australia, chap. vi. 
Burial Practices in Australia. 

Jo., pp. 434-475- 
Among Islanders of Torres Straits. 

Reports of the Cambridge Anthropological Expedition, x. 
The Compound Family. 

Grosse, Die Eormen der Eamilie und die Eormen der 
Wirthschaft, chap. vii. 

The Matriarchal Family. 

Dargun, Mutterrecht und Vaterrecht, chap. iv. 
Cunow, Les bases e'co?iomiques du matriarcat in Le Devenir 
social, iv. y 42-65, 146-162, 330-342. 

Wilken, De Verbreiding van het Matriarchaat ov Sumatra. 

Gentile Rights and Duties. 

Post, Grundriss, i., 161- 183. 
Gentile Property. 

lb., i., 196-226. 

Ea?tiilienrechts, pp. 266-291. 

Blood-Feud. 

Ibid., pp. 1 13-137. 
Grundriss, i., 226-261. 

Steinmetz, Ethnologische Studien, etc., i., 365-395. 
Westermarck, The Origin and Development of the Moral 
Ideas, pp. 477-491- 

NOTE B ' 

Primitive Human Horde. 

Original form of human association before the idea of 
kinship developed. McLennan, Studies, etc., pp. 127-153. 

The primitive relationship a space relationship. A brother- 
sister intermarrying monogamous horde precedes the family. 



284 The Family 

Mucke, Horde und Familie in ihrer urgeschichtliche Entwicke- 
lung, Stuttgart, 1895, pp. 59-60, 87-88, 297. 

Hordes were composed of pairing families. Gomme, 
Theory of the Primitive Horde, in J. A. I., xvii., pp. 1 18-133. 

No evidence for existence of primitive horde. Wake, 
Ibid., pp. 276-282. 

Relation between Totemism and Exogamy. 

Totemism preceded exogamy. The totem kin was the 
first group within which marriage was forbidden. Totemism 
implies original homogeneity, and this was incompatible with 
exogamy. McLennan, Studies, etc., Sec. Ser., pp. 58-59. 

Exogamy does not precede totemism. Primitive man 
would not be held from kinship marriage merely by abstract 
ideas of kinship. Robertson-Smith, Kinship and Marriage in 
Early Arabia, p. 187. 

Exogamy exists without totemism, and may have been 
originally independent of it. Tylor, Remarks on Totemism, 
in J. A. Z, August, November, 1898. 

Exogamous habits existed before totemism through sexual 
jealousy of male head, and perhaps through sexual supersti- 
tion and sexual indifference to persons familiar from infancy. 
When the group received a totem name this would be the 
exogamous limit, no man or woman of the same totem name 
intermarrying. Later a myth of kinship with the totem 
would arise, and would add the religious sanction of a taboo. 
Lang, Social Origins, etc., pp. 18, 34, 6$, 186. Also, The 
Secret of the Totem, pp. 143 ff. 

Exogamy forms no part of true totemism. It is a great 
social reform of a much later date. Frazer, The Beginnings 
of Religion and Totemism in The Fortnightly Review, Sept., 
1905. 

Order of Genesis of Phratry and Totem Clan. 

The totem clan existed before the phratry, the latter being 
an amalgamation of two separate and independent local 
totem groups. Lang, Social Origins, etc., pp. 36, 43, 6^. 
Also, The Secret of the Totem, chap. vii. Ibid. Cunow, 
Australneger, p. 24. 



The Matriarchate 285 

There were two original exogamous totem clans from which 
colonies swarmed off and formed new totem clans, but con- 
tinued to unite with the original clan in phratry organisation. 
Durkheim, Sur le Tote mis me in Z' a wide sociologique, 1 900-1, 
pp. 82-121. 

A phratry was originally a totem clan which had under- 
gone subdivision. Frazer, Totemism, p. 60. 

Exogamous bi-section or phratry division occurred after 
formation of totem clans. Frazer, in J. A. I. (new series), 
i., 284-285. 

Origin of the Matriarchate. 

The matriarchate develops when the agricultural labour 
of women becomes important. This labour increases their 
economic value. A father is therefore unwilling to let his 
daughter depart at marriage, hence the husband must come 
to live temporarily or permanently in the wife's family. 
Because of her economic value he must treat her well. 
Her importance as furnishing the chief and most certain 
food supply gives her weight in all family matters. Cunow, 
Les bases c'cononiique du niariarcat, in Le Devenir social, iv., 
33 8 -342. 

Residence of husband with wife's family. Tylor, On a 
Method, etc., pp. 258-261. 

In the development of mutual aid between mother and off- 
spring based on the originally close physiological relation- 
ship. If the service of offspring more than offsets the costs 
of their rearing, the matriarchal family will develop from the 
primitive unstable family. Friedrichs, Ueber den Ursprung 
des MatriarchatSy in Zt. f. vergleichende Rechtswisscnshaft, 
vii -> 378-580. 

Separate residence of wives and polygyny. Starcke, The 
Primitive Family, p. 54. 

Origin of Vosu-Kight. 

It grew out of the reverence of subjects for the King's sis- 
ter's son. Then a kingly means of plundering. The vasu 
shared his spoils with the king. Starcke, The Pri?nitive 
Family, pp. 92-93. 



286 The Family 

Points to the emancipation of the sister's son. Mucke, 
Familie und Horde ', pp., 230-231. 

Origin of Clans. 

Through tribal exogamy women captured from tribes B & C 
and their descendants form, because of matronymic descent, 
separate clans in their husband's tribe, A. McLennan, Studies, 
etc., pp.64, 128-129. 

Clans arose within a tribe from the custom of taking wives 
out of other tribes. Hellwald, Die Menschliche Familie, pp. 
188-189. 

In marriage by capture. Kautsky, Die Entstehung der 
Ehe y etc., pp. 266, 268. 

Gynocracy. 

A period of gynocracy everywhere followed the original 
stage of hetairism. Bachofen, Das Mutterrecht, pp. xviii.-xx. 
Hetairistic mother-right is accompanied by polyandry and 
gynocracy. Kautsky, Entstehung der Ehe in Kosmos, xii. 

NOTEC 

Make a comparative study of the practice of killing an enemy 
at the death of a relative, distinguishing between this practice and 
blood-feud. Study the extent (1) to which blood-feud is an ex- 
clusively totem clan function — /. e., to what extent it is also shared 
in by the family, horde, or tribe ; (2) to which the other functions 
of the simple family tend under the totem clan system to be per- 
formed by the latter. Make a comparative study of residence, 
common and separate, and economic, juridical, and religious 
ties in the compound family : (1) matriarchal, (2) patriarchal. 
Analyse use of terms matriarchal family, matriarchal or matro- 
nymic clan, etc., by ethnologists. Study groups in which matro- 
nymic clans may be denned — *. e., where cohesion is based on the 
reckoning of descent and not on group control. Upon analysis of 
a large number of matriarchal and patriarchal organisations, sug- 
gest a method of distinguishing the matriarchal or patriarchal 
family from the matriarchal or patriarchal clan. Study the 
relation of the matriarchal family to other co-existing groups, 
totem clan, tribe, local group. Study the extent of totemism as 
a religious system in the matriarchal family. 



The Primitive Simple Family 287 

NOTE D 



Veddahs : 



Each family lives during dry season on its own hunting ground, 
p. 475. In rainy season, in the wake of their game, families 
withdraw to a common cliff centre. Two or three families 
may live in same cave, but they partition themselves off with 
bark, twigs, etc. Right to a cave or to a portion of it a family 
inheritance, p. 477. 

Most marriages made when the families of a district are to- 
gether at a cliff centre. In view of hundreds or thousands of 
years families have lived in same district, must all be related by 
blood. Such a family plexus forms a clan, warge, and sub-clans, 
also called warge. pp. 477-478. Nine warge (gross clan) known, 
pp. 483-484. Over the warge some older man has a certain 
amount of influence. But position has no power attaching to it, 
nor is it hereditary, p. 478. Oldest or most intelligent man in 
warge or o/tfrgr-subdivision is group's spokesman with strangers. 
Task of distributing honey of cliff-bees falls to him. He may be 
a peacemaker in certain of the group's quarrels, p. 486. In one 
case, an old woman, who seemed mentally more alert than the 
others, had a certain authority, and was appointed spokesman, 
p. 486. 

Warge have no relations with one another, pp. 484-485. 

Corpses left where death occurred, covered with twigs or 
leaves. Sometimes a heavy stone placed on breast. Place or 
cave deserted until decomposition was over. p. 492. Believe 
vaguely in existence of spirits after death ; but pay no attention 
to them. pp. 498-499. 

Yahgan : 

The family, i. e., simple family, is well-formed, x., 333. The 
child belongs to both parents, but rather more to father than 
to mother, x., 333. In separation, children remain with father if 
he cares for them, otherwise they go with mother, vii., 172. 
Children generally follow father in divorce, x., 335. 

Strictly speaking, there is no tribe, x., 333. 

Property is individual and personal, consisting of dug-outs, 
hunting and fishing weapons, skins, x., 335. 

Relatives of deceased distribute his property to his friends. 



288 The Family 

They are averse to taking possession of it themselves. H. & D. 
vii., 379. Possessions of the dead thrown into the sea or burned, 
vii., 176. Hut where death occurred generally burned and locality 
abandoned. Name of deceased no longer applied to any ho- 
monymous locality or person. H. & D. vii., 379. Only ghosts 
of criminals believed in. Much feared. They seek to harm 
living, x.,332. 

In revenging a murder, victim need belong only to murderer's 
group, vii., 177. Sometimes a murderer's life is spared and he 
is severely beaten and forced to make many presents to the 
relatives of the deceased, vii., 177. 

Central Australians : 

Totemic system based upon idea of reincarnation of Alcheringa 
ancestors, who were actual transformations of animals and plants, 
or of clouds, water, fire, wind, sun, moon, and stars, p. 127. In 
many Australian tribes it seems to be a general custom that a 
man must not eat or injure his totem, whereas amongst Arunta 
there are special occasions on which totem is eaten and there is 
no rule absolutely forbidding eating of totem at other times, 
though it is clearly understood that it must only be partaken of 
very sparingly, p. 73. Each totem has its own ceremonies, and 
each of the latter may be regarded as property of some special 
individual who has received it by right of inheritance from its 
previous owner, such as father or elder brother. (He may also 
have received it directly from one of the men who are sup- 
posed to possess the faculty of holding intercourse with the 
spirits, p. 278.) In one case, office of Alatunja descended to 
a man from his father. It descended to him and not to his 
elder brother because he was born a water man, while woman 
who is mother of both of them conceived elder one in an opossum 
locality. If the old Alatunja had had no son of the right totem, 
then office would have descended to one of his blood brothers — 
always provided, of course, he were of the right totem, — and 
failing such a one, to some tribal brother or son of the water 
totem as determined upon by the elder men, or, more probably 
still, by the old Alatunja before his death, pp. 190-191. 

Without belonging to the same group, men who inhabit locali- 
ties close to one another more closely associated than men living 
at a distance from one another. Contiguous groups constantly 



The Primitive Simple Family 289 

meeting to perform ceremonies, p. 14. Whole area over which a 
tribe extends divided up into a large number of localities, each 
of which is owned and inhabited by a local group of individuals, 
and each such locality is identified with some particular totem 
which gives its name to members of local group, p. 277. Most 
extensive of local totemic groups described consists of 40 individ- 
uals, and area of which they are recognised as proprietors extends 
over about one hundred square miles, p. 9. Each tribe speaks 
a distinct dialect and regards itself as possessor of country in 
which it lives, p. 7. 

Point Barrow Eskimo : 

Population of village of Utkiavwin was about 140, of Nuwuk 
about 150 or 160 (in 1853, 309). p. 43. In summer they live 
in tents, usually in small camps of four or five tents each. p. 83. 
Two families usually occupy a house, each woman having one 
end of room and her own mat. Some houses contain but one 
family and others more. A house at Utkiavwin contained a 
father, his wife and adopted daughter, two married sons, each 
with his wife and child, his widowed sister with her son and his 
wife and one little girl. p. 55. Seniority gives precedence when 
there are several women in one hut. p. 427. 

Not the slightest trace of clan or tribal organisation, p. 42. 

Owners of the boats more thrifty and intelligent, better traders 
and usually better hunters, as well as physically stronger and 
more daring. Have more influence and respect, but appear to 
have absolutely no authority outside of their own families, p. 429. 
Smaller animals, birds, reindeer, etc., are property of hunter. 
Larger seals and walruses divided among boat's crew, owner of 
the boat apparently keeping tusks and perhaps skin. A bear is 
equally divided among all who had a hand in any way in the killing. 
Whalebone equally divided among crews of boats in sight at time 
of killing. All comers have a right to all flesh, blubber, and black 
skin that they can cut off. The finder of drift-wood is its owner 
and puts his own mark upon it. p. 428. 

Various implements belonging to deceased broken and laid 
beside corpse and the sled is sometimes broken and laid over it. 
Sometimes sled is left for one moon near the cemetery, after 
which it is brought back to the village, p. 424. 
19 



2 90 The Family 

Behring Strait Eskimo : 

One village contained about 20 houses and about 125 people. 
Another about 100 people, another 20, another 150. pp. 250-252. 
From one to three families may occupy platforms in single room 
which the house contains. But each quite independent in its 
arrangements, p. 288. 

No recognised chiefs except such as gain a certain influence 
over fellow-villagers through superior shrewdness, wisdom, age, 
wealth, or shamanism. The old men are listened to with re- 
spect and there are usually one or more in each village who by 
their extended acquaintance with traditions, customs, and rites 
connected with festivals, as well as being possessed with an 
unusual degree of common sense, are deferred to and act as chief 
advisers of community, p. 304. Head man of village has no 
fixed authority, but he is respected and his directions as to move- 
ments and occupations of villagers generally heeded, p. 304. 
Jealousy of anyone who accumulates property; consequently rich 
men in order to retain public good-will forced to distribute food 
and other presents at festivals and thus create a body of depend- 
ents, p. 305. Presents from strangers always handed to head 
men of village who divide and distribute them among others, p. 
287. Sometimes these shrewd and rich men obtain a stronger 
influence by combining offices of shaman and head man. p. 305. 

In some cases a head man may be succeeded by his son'when 
latter has necessary qualities, p. 304. Whatever, with a few ex- 
ceptions, a man makes or obtains by hunting is his own. p. 307. 
Stealing from same village regarded as wrong. The thief is made 
ashamed by being talked to in the Kashim when all the people 
are present and in this way frequently forced to restore articles. 
To steal from a stranger or from people of another tribe not con- 
sidered wrong so long as it does not bring trouble to community, 
p. 293. If a man borrows from another and fails to return article, 
not held to account for it under general feeling that if a person 
has enough property to enable him to lend some of it he has more 
than he needs, p. 294. Right to use productive places for setting 
seal and salmon nets individual and handed down from father to 
son. After the father's death sons use these places in common 
until all the brothers save one get new places, p. 307. The part 
of a deceased man's property that is not placed at his grave is 



The Primitive Simple Family 291 

divided among his children and other relatives, former usually 
receiving larger share. Wife generally makes distribution. In 
some cases, however, man's blood-relatives are greedy. They 
make the division among themselves, leaving very little for family, 
p. 370. Eldest son gets the least, youngest the most valuable 
things — 1. e., heirlooms, father's rifle, p. 307. At a man's death 
his sons if old enough support family, otherwise they are cared 
for by relatives, p. 307. 

Corpse dressed in best clothing possessed, if possible that which 
has never been worn. p. 310. Lower Yukon: The people so 
averse to having a corpse in the house that relatives frequently 
dress the person in the new burial clothing while dying that he 
may be removed immediately after death, p. 314. Corpse 
usually raised through smoke-hole in roof, never taken out by 
doorway, p. 3x1. Totem marks drawn on grave box, etc., to 
mark remains, p. 311. Use of grave box an innovation, but 
stated that it was useful, for it kept the shades from wandering 
about as they used to do. If deceased was disliked or without 
relatives to make a feast, no totem markings put on box. p. 312. 
Anciently arm and leg sinews of a dead person who had been of 
evil repute were cut in order to prevent him from returning to the 
body and walking at night, p. 423. Deceased's sleeping place 
must be swept clean at once and piled full of bags, etc., so as not 
to leave any room for shade to return and occupy it. p. 315. 
Relatives make small offerings of food and pour water on ground 
after grave is arranged, p. 312. At grave are placed deceased's 
knife, flint and steel, tinder and pouch of tobacco, snuff-box and 
tube. In case of a woman, her workbag, needles, thread, and fish- 
knife are put in the box ; her wooden pots, etc., by the grave ; 
and to the corner posts are hung her metal bracelets, deer-tooth 
belt, and favorite wooden dish. p. 311. In case of a very bad man, 
no weapons or marks of respect placed near grave, no feast to his 
memory, and he was forgotten. After a death no one in village 
permitted to work for one day, relatives for three days. p. 312. 
During the four days after death while shade is believed to be 
still about, his house-mates must keep fur hoods drawn over their 
heads to prevent his influence from entering their heads and kill- 
ing them. p. 315. The two persons who slept with deceased on 
each side must not on any account leave their places, otherwise 



292 The Family 

shade might return and by occupying vacant place bring sickness 
or death to its original owner or to inmates of house. For this 
reason none of deceased house-mates permitted to go outside 
during four days following the death, p. 315. Use of any edged 
or pointed instrument especially forbidden to avoid cutting or 
injuring shade, otherwise it would become very angry and bring 
sickness or death to people. Relatives must be very careful not 
to make any loud or harsh noises that may anger or startle shade. 
p. 312. Every year in latter part of November or early in Decem- 
ber a feast is given for sole purpose of making offerings of food, 
water, and clothing to dead who have not yet been honoured by 
one of the great festivals. Makers of this feast are nearest rela- 
tives of those who have died during preceding year, joined by all 
others of village who have not yet given a great feast to their dead. 
Day before nearest male relative goes to grave of deceased and 
plants before it a newly made stake upon which is placed a small 
model of a seal spear, or if a woman, a wooden dish. This is the 
invitation to the shade, p. 363. On day of feast no one allowed 
to work. All work with sharp-edged or pointed tools prohibited 
for fear some shade may be injured and become angry and harm 
the people. At opening song of invitation shades come from 
their graves and assemble in fire-pit under floor of Kashim. 
Thence they ascend and enter bodies of their namesakes, thus 
obtaining for themselves offerings which are made to their name- 
sakes. These are the supplies necessary for shades' wants in the 
land of the dead. p. 364. A small portion from every dish pre- 
pared for feast is cast down on floor. Each feast-giver pours a 
little water on the floor so that it runs through the cracks. In 
this way they believe spiritual essence of the entire quantity of 
food and water from which small portions are offered goes to the 
shade. This essence believed to be transported mysteriously to 
abode of the shades and thus supplies their wants until time of 
next festival. Rest of food distributed and eaten by people pres- 
ent, pp. 364-365. During festival to dead, relatives sing that ab- 
sent ones are missed and beg them to return to their friends 
who are lonely, p. 348. If shade of a man is to be honoured, a 
lamp is placed in front of place he formerly occupied in Kashim. 
Kept burning to light him back to earth, p. 364. Chief mourner, 
after one or two years, commences to save up valuable articles for 
four, six, or even more years, until property may be worth hundreds 



The Primitive Simple Family 293 

of dollars. Other villagers doing same thing. Finally, at holding 
of a minor feast to the dead, relatives plant invitation stakes, and 
a song of invitation is sung at the minor feast to shades to attend 
great feast the following year. With observance of great feast a 
person is supposed to have done his entire duty to the shade and 
may abstain from making any further feasts to his honour, p. 365. 
Duty of blood revenge belongs to nearest male relative. If a 
man has no son, then his brother, father, uncle, or whosoever is 
of nearest kin must avenge him. Blood revenge a sacred duty. 
In one case a boy of fourteen killed a man who had murdered 
his father when boy was an infant, p. 293. 

Central Eskimo : 

If distance between the winter and summer settlement is very 
great or when any particular knowledge is required to find out 
haunts of game, there is a kind of chief in the settlement, whose 
acknowledged authority is, however, very limited. Virtually 
limited to right of deciding on proper time to shift huts from one 
place to another, but the families are not obliged to follow him. 
At some places it seems to be considered proper to ask him 
before moving to another settlement and leaving rest of tribe. 
He may ask some men to go deer hunting, others to go sealing, 
but not the slightest obligation to obey his orders, p. 581. 

Every family allowed to settle wherever it likes, visiting a 
strange tribe being the only exception. In such a case, new-comer 
has to undergo a ceremony which consists chiefly in a duel 
between a native of place and himself. If defeated, he runs risk 
of being killed by those among whom he has come. p. 581. 

When thought to be dying, patient is taken out to a special 
snow house or hut. If a person should die in a hut among its 
inmates, everything belonging to hut must be destroyed or thrown 
away, even tools, etc., lying inside, becoming useless to sur- 
vivors. Hut where death takes place deserted forever, pp. 612- 
614. A man's hunting implements and other utensils placed by 
side of grave; pots, lamps, knives, etc., by the side of a woman's; 
toys, by that of a child. On third day after death, relatives visit 
grave and promise to bring deceased something to eat. These 
visits repeated a year after death and whenever grave is passed 
in travelling. Sometimes food is carried to the grave which de- 
ceased is expected to return greatly increased, pp. 613-614. 



294 The Family 

Sometimes models used instead of objects themselves. A case 
cited of a young girl who, dying, asked for tobacco and bread, 
which she wished to take to her mother, who had died a few 
weeks before, p. 613. 

If a woman die, husband leaves his children with his parents- 
in-law and returns to his own family; and if a man die, his wife 
returns to her parents or her brothers. When a woman dies 
after children are grown, widower will stay with them. p. 580. 
Widows with their children adopted by nearest relative or by a 
friend and belong to the family, though the woman retains her 
own fire-place, p. 580. The wife's mother can always command 
a divorce, p. 579. In divorce, children generally remain with 
mother, p. 580. 

Right and duty of nearest relative of victim to kill murderer. 
In certain quarrels between the Netchillirmiut and Arfeillirmiut, 
in which murderer himself could not be apprehended, family 
of murdered man has killed one of murderer's relations in his 
stead, p. 582. If a man has committed murder or made himself 
odious by other outrages, he may be killed by anyone simply as 
a matter of justice. Man who intends to take revenge on him 
must ask his countrymen if each agrees in opinion that the 
offender is a bad man deserving death. If so, he may kill man 
thus condemned, and no one allowed to avenge murder, p. 582. 

Wyandots : 

If mother die, children belong to her sister or her nearest 
female kin, matter being settled by council women of clan. If 
father die, mother and children cared for by her nearest male 
relative by a subsequent marriage, p. 64. Wigwam or lodge and 
all articles of household belong to woman household head. A 
woman's property inherited by her eldest daughter or nearest 
female kin. Matter settled by council women. A man's pro- 
perty consists of his clothing, hunting and fishing implements, and 
usually a small canoe. Except such portion as may be buried 
with him, it is inherited by his brother or his sister's son. p. 65. 

To be a member of the tribe it is necessary to be a member of 
a clan. To be a member of a clan it is necessary to belong to 
some family. To belong to a family a person must be born in the 
family or adopted into the family, p. 60. Seven clans : Deer, 



The Matriarchate 295 

Bear, Highland Turtle (striped), Highland Turtle (black), Mud 
Turtle, Smooth Large Turtle, Hawk, Beaver, Wolf, Sea Snake, 
Porcupine, p. 59. There is a body of names belonging to each 
clan, so that each person's name indicates clan to which he be- 
longs. Names derived from the characteristics, habits, attitudes, 
or mythological stories connected with clan ancestor, pp. 59-60. 

Bear, Deer, and Striped Turtle clans constitute one phratry; 
Highland Turtle, Black Turtle, and Smooth Large Turtle, 
another; Hawk, Beaver, Wolf, another, p. 60. 

The eleven clans as four phratries constitute tribe, p. 60. The 
four women councillors of clan chosen by heads of households, 
themselves being women. No formal election but frequent dis- 
cussion is had over the matter from time to time, in which a sen- 
timent grows up within clan and throughout tribe that in event of 
death of any councillor a certain person will take her place, p. 
61. These four councillors select a chief of the clan from its 
male members. He is head of the council, p. 61. Clan councils 
held frequently from day to day and from week to week, and 
called by the chief whenever deemed necessary, p. 62. Some- 
times a grand council of clan composed of councillors proper 
and all heads of households and leading men. p. 61. Each clan 
has its own area for cultivation. Its boundaries settled by tribal 
council. Women councillors partition clan land among house- 
holders. Heads of households responsible for its cultivation, and 
should this duty be neglected clan council calls responsible par- 
ties to account, p. 65. Cultivation communal. Head of house- 
hold sends her brother or son into the forest or to the stream to 
bring in game or fish for a feast. Then able-bodied women of clan 
invited to assist in cultivation of land, and when this work is done 
a feast is given. Land re-partitioned once in two years. Large 
canoes made by male members of clan and are clan property. 
Each clan has a right to service of all its male members in avenging 
wrongs, p. 65. In case of theft, when prosecutor and prosecuted 
belong to same clan, trial is before council of clan and from it no 
appeal. If they belong to different clans, prosecutor through 
head of his household lays matter before his clan, council of the 
accused. Thereupon becomes duty of council for accused to in- 
vestigate facts for themselves and settle matter with council of 
plaintiff. Failure to do this followed by retaliation in seizing of 
any property of clan which may be found, p. 66. A man can be 



296 The Family 

declared an outlaw by his own clan, who thus publish to tribe 
that they will not defend him in case he is injured by another. 
But usually outlawry is declared only after trial before tribal 
council, p. 67. In lowest grade of outlawry, declared that if 
man shall thereafter continue in commission of similar crimes it 
will be lawful for any person to kill him; and, if killed, right- 
fully or wrongfully, his clan will not avenge his death. Outlawry 
of highest degree makes it duty of any member of tribe who may 
meet with offender to kill him. p. 6S. 

Tribal council composed of aggregated clan councils. Com- 
posed therefore one-fifth of men and four-fifths of women. Tribal 
chief chosen by clan chiefs. Sometimes a grand council of 
tribe composed of council of tribe proper and heads of house- 
holds and leading men of tribe, p. 61. The military council is 
composed of all able-bodied men of tribe; military chief chosen 
by council of Porcupine clan. p. 68. Sachem of tribe selected 
by men belonging to council of tribe, p. 62. Tribe has right to 
service of all its male members in war. p. 65. 



LECTURE XIII 



THE PATRIARCHATE 



T 



HE original extent of the matriarchal system 1 has The matriarchate in 
been the subject of prolonged controversy, and in 



connection with alleged survivals of the matriarchate 
is still a moot question. Whatever may be the 
genetical relation between the matriarchate and the 
patriarchate, it is a fact that certain communities 
have been passing under recent observation from the 
former to the latter stage, whereas a transition in the 
contrary sense has not as yet been observed. 2 

Indisputable evidences of transition from one 
system to another are : (i) Dependence of full 
marital and paternal power upon actual or fictitious 
payment of a bride-price; (2) the practice of a father 
purchasing the full right to his offspring from their 
maternal kin ; (3) the practice of a man donating pro- 
perty to his sons during his lifetime in order to thwart 
the claim of his nephews or maternal relatives to it at 
his death, or in case this has not been done the occur- 

1 Note that the term as we use it does not correspond to the notion of mother- 
right (Multerrecht) which involves female supremacy as used by Bachofen and 
his fellow-controversialists. On the other hand, it more or less corresponds to 
the same term as used by Dargun and Grosse, although the less definite term 
maternal system comes nearer expressing their concept of Mutterrecht; for in 
spite of their theoretical distinctions between matronymy {Mutterfolge) and 
matriarchate (Matriarchal) the two are often confused by them in their use of 
the term Mutterrecht. See note on controversial literature. Likewise p. 248 

2 Professor Boas believes that the Kwakiutl Indians were formerly in a 
paternal stage, and that their maternal system of descent is an adaptation 
borrowed from their northern neighbours. 7 he Social Organisation and the 
Secret Societies of the Kwakiutl Indians, in Smithsonian Report, 1895, pp. 
334-335- 

297 



Proof of transition 
from matriarchate 
to patriarchate 



298 



The Family 



Organisation of 
patriarchal com- 
pound family 



The monogamy of 
poverty 



Concubinage 



High birth-rate 

Condemnation of 
infanticide, etc. 



rence of a struggle for his property between his sons 
and his nephews at his death ; similarly a prescribed 
distribution of patrimony between offspring and 
sisters' children ; (4) inheritance of rank — kingly, 
priestly, etc. — from father, with descent of property 
in maternal line, or vice versa inheritance of property 
in paternal and of rank in maternal line ; (5) survivals 
of the avunculate in still other forms. 

There are besides these mixed matriarchal and 
patriarchal forms other practices which are perhaps 
less readily explained as transition forms. The 
children may, for example, be divided according to 
various rules between the families of mother and 
father. Control of offspring may be divided between 
maternal and paternal kinsfolk, e.g., between the 
mothers brother and the father. In matters of in- 
heritance by remote kinsfolk the system may also be 
partly maternal and partly paternal. 

The patriarchal compound family is monogamous 
or polygynous. Monogamy is due more to poverty 
than to anything else (polyandry may even exception- 
ally occur from poverty), and polygyny is an indication, 
if not always a source, of wealth. The number of 
wives is therefore distinctly proportionate to social 
pre-eminence. There is, as a rule, a marked subor- 
dination among the wives, concubinage being well 
developed. A distinction is even made between slave- 
girls and concubines. The number of wives, tech- 
nically speaking, may be limited, irrespective of 
rank, while that of concubines or slave-girls is un- 
limited or prescribed according to rank. Offspring, 
particularly male offspring, are as a rule greatly de- 
sired, and the birth-rate is high. Infanticide, fceti- 



The Patriarchate 299 

cide, etc., are condemned, if not punished. These 
practices may prevail, however, to a considerable ex- 
tent from a number of motives. Female infanticide prevaienceoffemaie 
may, in particular, be practised. Marital and paternal ^ a ^" a * d aternal 
power is highly developed, although in the case of p°wer 
the wife it may be to a certain extent restrained by a 
contract with her family, and in the case of both wife 
and offspring they, with their husband- or father- 
master, may be primarily subordinate to the head of 
the patriarchal kin. It is this subordination to the Distinction between 
patriarchal kinship head, whether he be husband or fath «»ehtin 

1 * primitive pairing 

father or not, that distinguishes the patria potestas and in patriarchal 
of the patriarchal family from the male mastery of 
the primitive simple family. In the former family, 
moreover, all members of the household, wives, con- 
cubines, slaves, and even clients or guests, occupy 
more or less the same position as that of offspring. 
Through the fiction of adoption they fall under the Fiction of adoption 
patria potestas of the pater familias. Lactation lasts Lactat ion 
as a rule for two years or less. Parental discipline is chiid-discipiine 
much more developed than in the matriarchal family. 
Daughters are married off when nubile. They have Age at marriage 
little or no choice. Betrothal during the infancy and 
childhood of both sexes is frequent. The age at 
marriage of youths varies from eighteen to twenty- 
four, or even older, but as an immediate result of 
ancestor-worship, it is frequently more or less re- 
quired before an arbitrarily fixed age. It is often the Duty of procuring 
duty of the father or paternal kin to procure or aid in wlves 
procuring a wife for sons or younger male relatives. 
Marriage by purchase is well developed, the bride- Marriage by 
price being as a rule closely stipulated. It may be Dower and dowry 
accompanied, however, by exchange gifts, and a 



3oo 



The Family 



Divorce 



Disposal of offspring 
in divorce 



Corporate responsi- 
bility 



Right of leaving 
family 



Property 



Subsistence 



Ancestor-worship 



Phallicism 



settlement may be made on the bride for her 
children or for her own benefit in case of divorce 
or widowhood. Women, however, do not administer 
property. Divorce is more or less strictly regu- 
lated, being allowed only as a rule for stated offences 
or failings. In case of barrenness or female births 
only it may be required. The wife's rights in the 
matter are much more limited than the husband's. In 
case of divorce offspring always remain in the paternal 
home unless they are at the breast or very young. 
In this case they may temporarily accompany their 
mother to her home, sometimes living there at their 
father's expense. 

As in the matriarchal group, the group or the group- 
head is responsible for the acts of group members, for 
their debts, fines, etc. The group is called upon to 
pay composition or ransom for its guilty or captured 
members. Members frequently are not allowed to 
leave the group without the latter's consent. Exile 
from the group is often the severest form of punish- 
ment. Lands, houses, cattle, and chattels of various 
kinds may be owned in common, or, to a certain ex- 
tent, in severalty. Conditions of production vary 
greatly under patriarchal organisation. Their differ- 
ences naturally give rise to differences in family struct- 
ure. We shall discuss this subject in connection 
with the particular types of patriarchal organisation 
which we are soon to consider. 

Highly developed ancestor-worship is or has been 
at one time universal among patriarchal peoples. 
Among them there are few traces of totemism. Phal- 
lic-worship, or the. worship of the principle of fertility 
in nature, is in its influence upon the family the most 



The Patriarchate 30 l 

important of the forms of nature-worship which always 
co-exist with ancestor-worship. In developed an- Features of 

... , r . I'll ancestor-worship 

cestor-worship, instead of attempting to banish the 
spirit of the deceased, as in more primitive ghost-ex- 
orcism, so to speak, his spirit is called back by cere- 
monial wailing, and innumerable rites are performed ceremonial waning 
for the sake of his comfort or prosperity. Human Destruction of 

•, . 1 •, i r • 1 • 1 property at death 

beings, wives or slaves, and goods 01 various kinds, 
or, in a later sta^e, imitations of animate or inanimate 
chattels, are buried or burned with him to insure him 
service or distinction in his spirit-life. This custom Effect on capital 
has obviously an important effect upon the accumula- 
tion of family capital and upon inheritance, and the 
substitution of models for actual or living objects or 
persons is, in this connection, a significant advance in 
ancestor-worship. Moreover, the deceased is buried T hetomb 
within or near the dwelling-place of the living rela- 
tives. A portion of the meals of the living may be sacrifice 
set aside for him, or libations and food offerings may 
be made at his tomb at stated periods. He is pro- 
pitiated at all important family crises. As the dead 
are dependent upon the living for the performance of 
their funeral rites and sacrificial observances, marriage Marriage and repro- 
itself, as well as marriage according to prescribed con- ^ e i ° n religious 
ditions, and child begetting and bearing, become re- 
ligious duties. Marriage ceremonial not infrequently 
takes on a religious character. Infanticide, abortion, 
celibacy other than celibacy of a sacerdotal character, 
and adultery, become sins. The punishment of the 
adulteress is particularly severe, although in some 
cases her value as property may guarantee her against 
punishment by death. Belief in the reincarnation in 
the family of a deceased ancestor is not uncommon 



302 



The Family 



Fictitious adoption 



Primogeniture 



Co-operation of 
house-mother 



Patriarchal house- 
and village-com- 
munities 

Patriarchal family 
proper 



Joint, undivided 
family 



Herding peoples 



The tribe 



The name of the deceased is often perpetuated either 
by giving it to a child in the family or to an adult who, 
with the name, may assume special obligations of 
ceremonial observance in relation to the spirit of the 
deceased. Various forms of fictitious adoption are 
encouraged, notably the levirate or niyoga, and the 
appointment of the daughter s son, for the sake of se- 
curing a son to continue the family worship. The 
head of the household is a priest. He may be assisted 
by his wife, or, in case of polygyny, chief wife and by 
his sons. The first-born son is, as a rule, the chief con- 
tinuator of the family worship after the fathers death. 
In virtue of his office he may inherit a larger portion 
of the patrimony than his brothers. At marriage 
daughters adopt the family worship of their husbands. 
The co-operation of the chief wife or house-mother in 
the family cult tends to give her a position of respect 
and dignity in the family. She may even share in 
the control of offspring. 

A patriarchal family may form a house- or village- 
community. A household consisting of a patriarch, 
his wife or wives, his unmarried daughters, his sons 
and their wives and children, forms the group usually 
known as the patriarchal family. If the brothers 
and their descendants customarily remain together at 
the death of their parent or common ancestor, the 
group is frequently referred to as the joint, undivided 
family. 

The so-called patriarchal family is found both 
among pastoral and agricultural peoples. It is 
particularly characteristic of herders. The herds- 
man's tribe may be comparatively large, containing 
from five hundred to several thousand persons ; but 



The Patriarchate 303 

the families are as a rule more or less segregated 
because of the exigencies of pasturage. Tribal 
organisation, however, is very valuable for the pur- 
pose of offence or defence. Land is held in common La nd 
by the tribe, but families have more or less definite 
claims of pasture in definite localities. The life is Migration 
necessarily migratory within given areas. Both agri- supplementary 
culture and hunting are minor modes of subsistence. J*"^ 11 ™ and 
The men are the herders. Women rarely have any- 
thing to do with the cattle. As among the higher Division of labour 
types of hunters women cultivate the soil and carry byicx 
on the household work. The subjection of the 
women is particularly marked. This condition is 
probably due to their disassociation from herding, 
the chief source of subsistence. At majority, eighteen 
to twenty-one, or at marriage, a son may be given a 
lot of cattle and sheep, thereby becoming partly in- 
dependent of his father ; but as a rule the stock is 
undivided until the latter's death. There is com- inheritance 
monly equal inheritance of patrimony among sons. 

The joint undivided family is found among both joint undivided 
pastoral and agricultural peoples, although it is far family 
more characteristic of the latter. Stock or land is Land 
owned or worked in common by the family group. 
Theoretically, title to real property may be vested in 
the village-community or over-lord, and land may be Reapportioning 
reapportioned from time to time or at stated intervals. 
When the compound family is itself the proprietor of partition 
the land, or when the family property is in cattle, a 
partition may or may not be provided for. In the 
latter event it may be carried out only on the death 
of the father or with his consent and that of the sons 
during his lifetime. In case of partition the eldest 



304 



The Family 



Headship 



Transition from 
ethnic to civil 
society 



son may receive a larger share than the younger. 
The eldest son or eldest brother is in some cases the 
household head, in others the head is appointed by 
his predecessor or elected from among the older and 
more competent men. In some cases the head may 
be deposed for mismanagement or incompetency. 
His authority may also be limited by a family council, 
village community As in the matriarchal organisations, a single patri- 
archal group may form a village community, or the 
village may be composed of several patriarchal 
families whose heads form the village council. 

In the village community, as elsewhere, the tie of 
kinship tends to yield to the tie of a common terri- 
tory. The tribal chief 1 becomes a district chief or 
king, and usurps such kinship functions as punish- 
ment for crimes, protection of widows, orphans, etc., 
land ownership or distribution, etc. Particularly 
notable in this transition from ethnic to civil society 
is the fact that arbitration between different kins- 
folk groups is one of the earliest functions of these 
local chiefs s or councils, inter-family law being more 
or less sharply distinguished from law within the 
family. 

Just as we shall see in the following lecture that 
the developed civilisations of to-day still show traces 
of the compound patriarchal family, so it is notable 
that all the earlier historical peoples among whom 
forms of the compound patriarchal family are found 
show traces of a sometime wider kinship organisa- 



Kinship survivals 
in civil societies 



1 For a suggestive account of the tendency of the primitive medicine-man 
likewise to take on chiefly or kingly functions, see Frazer, Lectures on the 
Early History of the Kingship, London and New York, 1905, Lectures IV.-V. 

2 See p. 



The Patriarchate 305 

tion. Endogamous or exogamous restrictions based 
on the possession of the same family name irrespective 
of recognised blood - kinship, customary residence of 
given families together within a given district, the 
marshalling together of given families for war or ad- 
ministrative purposes, the joint proprietorship of 
certain families in given forms or places of religious 
worship or burial, the vesting of ultimate rights of 
inheritance within certain groups of families, all these 
customs point to pre -existent kinship solidarity 
between the families in question. 

NOTE A 

Coexistence of Matriarchate and Patriarchate. 
Dargun, Mutterrecht und Vaierrecht, i., chap. vii. 

The Family among Pastoral Peoples. 

Grosse, Die Formen der Fa7nilie y etc., chap. vi. 

A Semi-Nomadic, Pastoral, Bachkir Family. 

Le Play, Les Ouvriers Europeans, Tours and Paris, 1877, 
ii., chap. i. 

The Family among Agricultural Peoples. 

Grosse, Die Formen der Faniilie^ etc., chaps, viii.-ix. 

Agricultural Patriarchal Families in South and Central 
Russia. 

Le Play, Les Ouvriers Europe'ens^ ii., chaps, ii. and v. 

The Joint, Undivided Family. 

Lavelaye, De la Propriety ' et de sesfor?nes primitives , Paris, 
1891, chaps, xxix.-xxxii. 

Le Play, L Organisation de la famille, pp. 213-294. 

South Slavic House Communities. 

Krauss, Sitte und Brauch der Sudslaven, sees, iv.-viii. 

A Syrian House Community. 

Le Play, Les Ouvriers Eur opeens, ii., chap. viii. 



306 The Family 

Ancestor-Fear and Worship. 

Steinmetz, Ethnologische Studien, etc.,i., 151-250. 
Schurtz, Wertvernichtung durch den Totenkult in Zt. f 
Socialwissenschaft, i. (1898), 41-52. 

De Groot, The Religious System of China, vol. ii. 

Li Ki, xxvii., 120-208, xxviii., 40-59, 132-168, 173-209, 

363-394. 
Hearn, The Aryan Household, chaps, ii.-iv. 
De Coulanges,^^ Ancient City, Boston, 1901, pp. 15-110. 

Ancestor-Worship and Inheritance in the Patriarchal 
Family. 

Maine, Early Law and Custom, chap. iv. 

Survivals of Totemism. 

Jevons, An Introduction to the History of Religion, Lon- 
don and New York, 1896, chap. x. 
The Village Community. 

Baden-Powell, The Indian Village Community, pp. 398-423. 
Kovalevsky, Tableau des Origines et de V Evolution de la 
Familleet de la Propriete', Stockholm, 1890, pp. 1 62-181. 

Hildebrand, Recht und Sitte auf den verschiedenen kultur- 
stufen, pp. 57-140. 

(Argument that tamily and not village communities charac- 
terised the Germans of Caesar and Tacitus.) 
Russian Village Communities. 

Lavelaye, De la Propriete', etc., chap. ii. 
Clan Survivals. 

Hearn, The Aryan Household, pp. 1 13-136, 453-478. 
Seebohm, The Tribal System in Wales, London and New 
York, 1895, pp. 54-no. 

Seebohm, Tribal custom in Anglo- Saxon Law, London, New 
York, and Bombay, 1902, chap. xv. 

Among South Slavs. 

Krauss, Sitte und Brauch der Sudslaven, sec. iii. 

NOTE B 

The Patriarchal Theory. 

General review of theory, Howard, A History of Matri- 
monial Institutions, i., 9-32. 



The Patriarchate 3°7 

Primevally the father is absolutely supreme. The Roman 
patria potestas is the type of this paternal authority. Primi- 
tive society was made up of an aggregation of families pre- 
sided over by these male heads, and enlarged by strangers 
through the fiction of adoption. Maine, Ancient Law, pp. 
122-138. 

Criticisms of Maine's Theory. Spencer, Principles of 
Sociology, i., 686-713. 

Examination and alleged refutation of Maine's theory. 
Polyandry and matronymy were the first forms of marriage 
and of the reckoning of kinship. McLennan, The Patriar- 
chal Theory, p. 355 and passim. 

The tribe and clan with group marriage and matronymic 
descent existed before the family, individual and patriar- 
chal. Giraud-Teulon, Les Origines du Mariage et de la Fam- 
ille, Geneva and Paris, 1884, pp. 393, 475, 483. 

The clan is always composed of single families. The 
family never developed from the clan. Grosse, Die Formen 
der Familie, etc., p. 207. 

Mother-right is an outcome rather than an antecedent of 
father-right. Hildebrand, Recht und Sitte, etc., pp. 16-22. 

In spite of matronymy male power was supreme in the 
primitive family. Wake, The Primitive Human Family, in 
/. A. /., xi., 3-19. 

The maternal (matronymic and matriarchal) system de- 
velops before the paternal (patronymic and patriarchal); the 
argument being geological. There are survivals of the ma- 
ternal system in the paternal ; e. g., couvade and widow- 
inheritance by brothers, but no survivals of the paternal 
in the maternal system. Tylor, On a Method, etc., p. 256. 

The maternal (matronymic and matriarchal) system is 
prior to the paternal. Disintegration of the family from the 
totem group leads to paternal control. Subdivisions of the 
totem group become patronymic. Kohler, Zur Urgeschichte 
der Ehe in Zt. f. vergleichende Rechtswissenschaft, xii., 
239-241. 

L'he Existence of Matronymy and Matriarchate among 
the Aryans. 

Traces of them exist side by side with the Aryan patri- 



308 The Family 

archate. Dargun, Mutterrecht und Vaterrecht, i., 90-116. 

There are evidences of mother-right (matronymy and matri- 
archate) in the customs of medieval witchcraft. Pearson, 
The Chances of Death and Other Studies in Evolution, London 
and New York, 1897, ii., 1-50. 

Alleged avunculate among the Germans is only an incipi- 
ent recognition of maternal kindred alongside the prevailing 
paternal system. Feminine right to property is only a dowry 
right. Mother-right never existed among the Indogermanic 
peoples. Delbriick, Das Mutterrecht bei den Indogermanen 
in Preussische Jahrbiicher, lxxvii. (1895), 14-27. 

The Origin of Land-Ownership. 

Communal. The principle of private property in land be- 
came established only very gradually, and comparatively re- 
cently. Lavelaye, De la Propriety etc., pp. 3-4, 342-343. 

Communal ownership by kinsmen. Proprietorship does 
not arise from occupancy. The occupant becomes the owner 
because all things are presumed to be somebody's property. 
Maine, Ancient Law, pp. 256-272. 

It is individual not communal. The habit of using a piece 
of land leads to the idea of the right to use it. Dargun, 
Ursprung und Entwicklungs- Geschichte des Eigenthums in Zt. 
f. vergleichende Rechtswissenschaft, vi, 115. 

In view of the multiformity of land ownership practices 
existing side by side among closely related groups schem- 
atism is fallacious in treating the subject of the development 
of land ownership. Schurtz, Die Anfdnge des Landbesitzes in 
Zt.f. Sociol., iii., (1900), 245-255, 352-361. 

Disintegration of the clan. 

When with numerical increase intensive cultivation and 
with intensive cultivation private property in land de- 
velops, the clan organisation, which is based on common 
ownership of land, begins to disintegrate. The develop- 
ment of industrial occupations through individuals excluded 
from land-owning scatters the clan group. The juri- 
dical and religious features of the clan may persist long 
after its economic features have disappeared. Its juridical 
function goes by the board with its political entity. Fi- 



The Patriarchate 3°9 

nally, the bond of a common religious observance is 
loosened by the spread of a state religion. . . . The di- 
vision of labour caused by the development of industry 
was the death-blow of the clan. Grosse, Die Formen der 
Familie, etc., pp. 207-215. 

Due to the rise of the patriarchate. Kautsky, Die Entste- 
hung der £/ie, etc., p. 338. 

NOTE C 

Make a comparative study of inheritance by brothers (tanistry) 
instead of by sons. Make a study of the right of testament in 
relation to changes in systems of inheritance. Of transitions, in 
the development of social control, from control by kinship groups 
to that by territorial groups. Study in particular, in connection 
with the suppression 01 family law, the custom of differentiating 
penalties according to whethei the crime is committed within or 
without the kinsfolk group. 

NOTE D 

Melanesians : 

Motlav: Succession ot chieftaincy from father to son. Practi- 
cally, in devolution of property and handing on of religious or 
magic rites, a man always puts his son into his own place as far 
as possible. Thus as chieftaincy was a matter of personal pro- 
minence, son would be likely to take rank of father, p. 55. North- 
ern New Hebrides : Similarly a man inherits from father, charms, 
magic songs, stones, and apparatus, his knowledge of way to ap- 
proach spiritual beings, as well as his property. These things 
give him chieftaincy, pp. 56-57. Florida and surrounding Solo- 
mon Isls. : Cultivated land thought to be originally cleared by 
kin division. Portions occupied by hereditary succession, from 
maternal uncles to nephews, by families within kin division, by 
an original agreement which has now come to be a right. When 
a man makes a clearing in the bush or plants fruit-trees, this 
personally secured property may pass from father to son. A man 
before his death will direct that his canoe is to go to his son, and 
he will receive it, otherwise son and nephew will each claim, and 
stronger will get it. A rich man's money divided among brothers, 



3io The Family 

nephews, and, if they can get any, his sons, a fruitful source 
of quarrels. A man's wife, in prospect of his death, would hide 
a good deal of his money to appropriate it later for herself and 
sons. Banks' Isl. : Common to make arrangements by which a 
man's children succeed him with consent of heirs at law, i. e., 
his sisters' children or his brothers'. Sometimes a man before 
his death begs his brothers not to disturb his son in his garden. 
To secure a transaction of this kind, son will put money for re- 
demption of garden upon father's corpse when he is laid out for 
burial. Legal heirs take the money before witnesses, thereby 
giving up their right. When a young man makes his home, he 
builds on property of his kin. Youngest son remains with mother 
and keeps, after father's death, the house. Personal property- 
pigs, money, canoes, ornaments, weapons, etc. — goes to the child- 
ren generally. Pigs will be claimed by deceased's kinsmen, 
however, unless they are bought off, or unless father has explicitly 
left them to his children before death. Araga : Everything 
except what father has given to son before death goes to sister's 
son. Lepers' Isl.: Real property inherited by sons, personal, by 
kinsmen, a choice pig and a larger share of other things being 
given to sister's son. pp. 59-68. 

Araga : A firstborn son remains 10 days in house of birth 
while father's kinsmen bring food to mother ; on tenth day, father 
gives them food and money. They lay upon infant's head mats 
and strings with which pigs are tied. Father says that he accepts 
this as a sign that hereafter they will help and feed his son. 
Banks' Isl. : On birth of firstborn son, a noisy and playful fight 
arises. Father buys off assailants with payment of money to kin 
division of mother and son. p. 231. 

No tribes, p. 2. 

Florida: Each kin division has its peculiar tindalo, god, whom 
they vaguely call their ancestor, p. 132. Saa : When landing on 
an uninhabited islet or in any danger, natives throw food and 
call on father, grandfather, and deceased friends. First fruits 
offered to ghosts of ancestors. Solomon Isls. : Sacrifices offered 
to ghosts of ancestors as well as of powerful men. pp. 136-139. 
Aurora Isl. : If a man lose his pig, he will go to grave of a kins- 
man and put a tuft of croton leaves upon it, saying " give me 
back my pig." p. 143. Motlav Isl. : Ancestral ghosts invoked for 
protection on the sea, in starting on a journey, p. 148. Malanta : 



The Patriarchate 3 11 

Sacred places of sepulture where ancestral ghosts are sacrificed 
to. p. 177. Saa, Malanta : The body of a great man, of a man 
much beloved by his son, is hung up in a canoe in son's house. 
Also very favourite children and sometimes wives. When wife is 
finally taken out to burial ground her jaw or one of her teeth will 
be kept in the house as a memorial, pp. 261-262. Banks' Isl.: 
Water and roasted yams placed on grave. Also dead pigs to 
accompany to ghost-land. Ureparapara : Five days after death 
ghost is driven away by beating together charmed stones and 
bamboos, etc. Motlav : Ghost driven away when deceased was 
afflicted with ulcers and sores. Death-feasts in all the isles. At 
ordinary meals when oven is opened, a bit of food is put aside 
for dead, with words " This is for you, let our oven be well 
cooked." Death meals also eaten every tenth day to the hundredth 
or thousandth, pp. 261-264, 2 68, 270-272, 282. 

Duty of groom's relatives to help him with bride-price, p. 237. 

Ewe-Speaking Peoples : 

Order of succession to property is eldest brother, sister's eldest 
son, etc. Eldest brother head of family, p. 207. 

Family members have a right to be fed and clothed by family 
head, who has a right to pawn and, in some cases, sell them. 
Family collectively responsible for crimes committed by mem- 
bers. Each member assessible for compensation, and each re- 
ceives a share of compensation for a crime or injury against any 
member, p. 208. If a wife be involved in litigation she involves 
her uterine family but not her husband. If a family bury a de- 
ceased member, they become responsible for all his debts. To 
refuse to bury is considered a disgraceful evasion of family re- 
sponsibility, p. 216. Land belongs to the tribe, p. 209. But it 
is portioned out to families who have undisturbed usufruct of it. 
p. 217. 

In upper classes in Dahomi, customary to exhume skulls of 
family dead after a number of years and place them in earthen 
pots in a corner of the house. Dead appealed to for advice or 
assistance before these skulls. Sacrifices of men, sheep, rum, water, 
etc., made on graves of deceased kings of Dahomi. pp. 111-112. 
At death, food and drink placed by the corpse, which is buried in 
the earthen floor of house. Usually water, rum, or blood poured 






3 12 The Family 

on grave. Believed that soul lingers near remains until funeral 
rites are performed, pp. 158-159. 

In cases of homicide, theft, rape, assault, etc., it is the family 
of person who has suffered that can alone demand and exact sat- 
isfaction. No one else has a right to interfere. Treason and 
witchcraft almost only offences that the state represented by tribal 
or village chief takes cognisance of. Chief called in to arbitrate 
when families cannot agree on reparation. Injured family assesses 
its damages. No fixed scale. Family itself deals with its erring 
member. {The Yoruba- Speaking Peoples, pp. 300-301.) 

Tshi-Speaking Peoples : 

In default of nephews, son inherits. Lacking a son, principal 
native-born slave succeeds to property. In Fanti slave succeeds 
to exclusion of son, who inherits only property of his mother, 
p. 298. 

Head of a family has right, with certain exceptions, to pawn 
any of his relatives, p. 294. Family of a deceased member in 
debt sometimes makes a present to the chiefs and delivers corpse 
to them for burial. This is a legal discharge of their responsi- 
bility to bury and pay the debts, but considered a highly disgrace- 
ful step. pp. 299-300. Death of culprit and death or enslavement 
of his relatives the punishment for procuring death of a person 
through witchcraft, p. 203. Land attached to stool of the king, 
and in each province to stool of the provincial chief, subject 
to king, by whom it is distributed among inhabitants of towns 
and villages, pp. 298-299. 

Tutelary family deities obtained from superior local deities 
through religious rites performed by a priest. Object in which 
family god is supposed to dwell kept by head of family. When a 
family splits up, new tutelary gods obtained for the separating 
sections. A deceased ancestor may also appear in a dream and 
direct his relation to dwelling place of the Bohsum. The priest 
is then consulted. Family god protects family from sickness and 
misfortune. On day or days sacred to family god, no work or 
travelling may take place. Eggs, fowls, and palm oil usual 
offerings during this festival, p. 89-94. 

At death all the most valuable articles belonging to deceased 
placed around corpse, and dish preferred in life placed before it. 
Among southern tribes, body buried within house. This prac- 



The Patriarchate 3*3 

tice now prohibited on coast. Coffin contains an outfit for de- 
parted spirit of silk cloths, pipes, sandals, etc., amounting in 
value in case of wealthy persons to ^200 or ^300. Rum, food, 
and tobacco also placed in coffin. Sacrifices of food, sheep, or 
bullocks made on grave. Food and palm-wine placed daily on 
grave for some months, pp. 238-242. 

In family divisions priest usually announces that it is the will 
of original family god that departing members should hereafter 
abstain from a certain food in his remembrance, pp. 212-213. 
Families also have animal totems. Flesh of a totem animal may 
not be eaten by family. The only tribute paid to the animal, 
pp. 204-207. 
Yoruba-Speaking Peoples : 

Sons inherit father's property. Lacking sons, a man's brothers, 
and lacking brothers, sisters inherit. Succession to property en- 
tails obligation of defraying debts of deceased, p. 177. Usufruct 
of land inherited. Land vested in chief and belongs to com- 
munity collectively. Chief distributes it. p. 188. Houses belong 
to family and cannot be sold without consent of whole, p. 189. 
Property, houses, family gold ornaments, insignia, stools, etc., 
vested in households, not in families, p. 99. No collective 
family responsibility. Head of family cannot pawn younger 
members and latter cannot claim to be supported by him. 
p. 177. Only minor offences left to family to deal with. Theft 
punished by state. Punishment falls upon guilty individual, not 
upon kinship group, p. 99. 

Temples of tutelary deities of families or households near 
house-door or in yard. p. 99. Egungun is a disguised man sup- 
posed to have returned from Dead-Land. After a funeral he 
visits relatives, is feasted by them, and brings them news of de- 
ceased, pp. 107-109. Food, drink, cowries, etc., placed in grave. 
A goat sacrificed. Offerings and prayers made to dead from time 
to time. Sometimes deceased's skull exhumed and placed in a 
small temple, where offerings are made to it. p. 137. At death 
priest sprinkles room, corpse, and spectators with holy water, 
and invokes deceased to leave house on his journey to Dead- 
Land as soon as funeral rites are performed, pp. 155-156. 
Thompson River Indians : 

In domestic affairs each male member of age had a right to 



314 The Family 

express his opinion or give his advice, although in most cases 
father's or eldest son's advice taken. Father and eldest son seem 
to have been looked upon as highest authorities, although custom 
required that they should not do anything of importance to 
family without first consulting its other male members, p. 292. 
Each family had certain names, and no one but members of 
family permitted to use them. p. 290. 

Some villages very small, consisting of two or three families, 
while others are large and contain about 100 or more inhabitants, 
p. 174. The winter houses, lived in from December to March, 
were semi-subterranean huts, inhabited by groups of families re- 
lated to each other, who, although scattered during hunting and 
fishing season, dwelt together during winter. These dwellings 
rarely number more than three or four at one place, and often 
there was but a single house. A house accommodated from 15 
to 30 persons, p. 192. A person wishing to build a winter house 
asked all his neighbours to assist. Frequently 20 or 30 people 
came, so that building was sometimes completed in a single day. 
They were given food by owner of house, whose relatives con- 
tributed from their store of provisions, p. 192. Brisket and 
skin considered share of man who shot deer, while rest of animal 
was equally divided among the other hunters, p. 294. 

In 1858 entire tribe probably numbered at least 5000. p. 175. 
No hereditary chiefs, rank of each person determined by his 
wealth and personal qualities. A war party had a war chief, 
who was the one considered by his companions best qualified to 
act as leader. In religious ceremonies a capable man called 
" chief " of ceremonies and dances. Orators possessed great in- 
fluence, some of them who were wise and wealthy looked upon as 
chief men of certain large districts. The people negotiated 
through them with strangers, p. 289. Fact that a man was the 
son of a chief, of a man noted for wealth, wisdom, oratorical 
powers, or prowess in war, gained him a certain amount of popu- 
larity. If, however, he failed to possess or attain the neces- 
sary qualifications, he was not called " chief," nor would he 
be considered in any way different from mass of people. 
Nevertheless chieftaincy has descended in some instances from 
father to son for several generations, p. 289. Land looked upon 
as neither individual nor family property. No particular hunting 



The Patriarchate 3 J 5 

grounds peculiar to, or sole property of, certain families or bands. 
Each band had their usual hunting places, naturally those parts 
of country nearest their respective homes, but Indians from 
various villages or divisions of tribe frequently hunted in each 
others' hunting grounds, and were not considered intruders. 
Hunting territory seems to have been considered common pro- 
perty of whole tribe. If a person not related to a Thompson 
Indian were caught hunting, trapping, or gathering bark or roots 
within the recognised limits of tribal territory, he was liable to 
forfeit his life. Salmon-fishing stations and deer fences were ex- 
ceptions ; looked upon as property of individual who built 
station or maintained fence. Members of one division of tribe 
not allowed to build deer fences on territory of another division, 
pp. 293-294. 

Deer fences, fishing stations, and eagles' eyries inherited by all 
male children, eldest having right of dividing and taking his 
choice. Sometimes these places used by all the sons in common, 
until some died, survivor claiming all, and his sons inheriting 
from him. If a man died without sons, nearest male relative 
took his hunting places. If deceased had no near male relatives, 
his daughters and sons-in-law inherited, p. 294. Property of a 
deceased father divided among his sons, daughters also some- 
times getting a share. Property also often divided among all 
relatives of age, male and female, cousins included ; nearest 
kin receiving largest shares, and males taking precedence 
of females ; in some cases taken by nearest male relatives, to 
exclusion of all others. Sons inheriting property of father 
had to provide for mother, p. 293. Only a son " strong in 
medicine " would ever take possession of deceased father's 
medicine bag, weapons, etc. p. 328. 

Each group or family had its own burial ground, p. 330. 
Weapons, tools, personal ornaments, and "medicine bag" or 
guardian spirit of deceased either buried in grave or hung up 
near it. Weapons after being broken or otherwise damaged also 
sometimes hungup in a tree near by, and occasionally some of 
deceased's clothes and fishing utensils. Deer fence of a 
deceased person generally burned, a new one being erected 
by his heir in the same place. If deceased had dogs or horses, 
some of them killed and their skins hung up. If there were 



316 The Family 

slaves, some of them either killed at grave and their bodies 
thrown in, or they were forced into bottom of grave and buried 
alive. Their master's corpse placed on top of them. p. 328. 
Among Spences Bridge band male relatives of a deceased 
adult took to the war path and slaughtered one or more enemies, 
generally Llooet. If a stranger were among them some one 
might kill him, and perhaps bury his body as a funeral offering 
within or over grave of one of his relatives who had recently 
died. p. 335. Lodge in which an adult person died burned. 
Winter house purified ; but if two or more deaths occurred in it 
at same time or in immediate succession then house invariably 
burned. Most of household utensils of a deceased person 
also burned. Nobody could with impunity take possession of 
bow and arrows, long leggings, and moccasins of a dead man. 
If any one appropriated first of these, dead man would come back 
for them, and in taking them away would also take the soul of 
man possessing them, thereby causing his speedy death. If either 
of other two were appropriated, one who took them would be 
visited by a sickness which would cause his feet and legs to swell 
enormously. Not safe, except for a person who has a strong 
guardian spirit, to smoke out of pipe of a man who has recently 
died. The tobacco will burn up in it faster than usual. A sign 
that deceased wishes the pipe. pp. 331-332. In some graves 
were wooden figures carved as nearly as possible in likeness 
of deceased person, whether man or woman, p. 329. Guns and 
other things slung around their shoulders ; and they were fre- 
quently dressed in clothes, and clothes renewed when they be- 
came worn. On these occasions a feast was generally given. 
These figures were intended to keep a dead relative fresh in 
memory of living, to show respect for him, and to show that dead 
had living relatives who were above the common people as 
to wealth, and able always to renew clothes of figure, p. 330. 
Baskets for carrying roots, berries, etc., of a deceased woman 
hung up near her grave or some part of mountain which she had 
frequented. Basket always damaged first, p. 328. Wealthy 
Indians opened grave of a relative a year or two after death, 
and occasionally in succeeding years. Bones gathered up 
each time, and put in a new skin robe or blanket, after being 
carefully wiped clean. Witnesses feasted by relatives, p. 330. 



The Patriarchate 3 X 7 

On many graves canoe of deceased placed bottom side up. Over 
most graves were erected conical huts. p. 329. If a man's traps 
or snares were desired by relatives, they were hung up in a tree 
along time before being used. p. 332. Among lower Thompsons 
a burial box belongs to a family or a certain group of families, 
and many bodies placed in same box. Permitted to remove an 
article of clothing, etc., hung up on poles and grave figures around 
boxes provided it was replaced by some other similar article, al- 
though inferior in quality, p. 335. After burial deceased asked 
to take pity on widow or widower, and not to trouble him or her. 
Some food was often thrown on ground near grave to be used by 
deceased while visiting his grave, and that he might not visit 
house in search of food, causing sickness to the people, p. 329. 
A string of deer hoofs with a short line attached hung across 
inside of winter house to hinder ghost from entering, p. 332. 
Burial grounds were at some distance from village, because they 
considered graveyards uncanny places to pass at night, p. 330. 
After a death people generally moved camp to a distance for 
some time. Name of a person recently deceased must not be 
mentioned, p. 332. 

Relatives of a person killed by a member of some other tribe 
had to avenge his death by a war expedition against offending 
tribe. If they failed to do so, called "women." Old scores 
sometimes paid off after lapse of ten or twenty years. Duty of 
members of tribe to avenge death of those of its members whose 
blood relations were unable to do so. p. 290. 

No totems, except at Spuzzum, where two families who were 
descendants of members of coast tribes claimed totems of their 
ancestors, p. 290. 

Kabyles : 

Akbil, etc. Whoever agrees with an unrelated stranger to 
leave him his property if he die first, and reciprocally to receive 
former's property if he outlive him, fined 5 reals. Agreement is 
void, iii., 367. Ait Yahia. In a sale of real estate near relatives 
of owner have first right to purchase, iii., 386. 

Vengeance for murder, rek'ba, may fall upon any member of 
family of murderer. Any relative of murdered man may be 
called upon to revenge his murder. Compensation money some- 



318 The Family 

times paid, but practice is condemned by public opinion, iii., 
60-62. Ait Ameur. Murderer, his son, or his heirs alone respon- 
sible for blood debt, which is thus transmitted with property, 
iii., 70. Principle of individual responsibility beginning to 
develop among some tribes, iii., 396. Cheurfa, etc. Reprisal 
for murder may be taken only on murderer himself, iii., 336. 
Discretionary power of Kharouba to punish crimes committed 
within its group limited by certain exceptions, notably in case of 
pregnancy outside of marriage, voluntary incest (a religious 
crime), and murder of a relative when succession to property is the 
motive. In two first cases a family may kill guilty member, other- 
wise they will be killed by village council and relatives fined. 
For third crime certain villages have suppressed rights of Kha- 
rouba altogether, and decreed death by stoning or perpetual exile 
for murderer; other villages merely sentence him to banishment 
for a period. All prevent his inheriting property of murdered 
man, and almost all confiscate his own property, iii., 101-105. 
Ait Kani. If people living in a family association strike one 
another, they are not subject to fine. If they separate, they pay 
like others, iii., 423. Cheurfa, etc. He who strikes with stone 
or stick his elder brother or uncle, fined 1 real, iii., 333. Ait 
Ousammer, etc. He who strikes the wife of his brother, fined 1 
real if woman complain. Whereas for striking wife of another, 
fine is 10 reals, iii., 379. 

Ait Fraoucen. If a woman has near relatives she may not 
name any one to give her away in marriage and receive in return 
the thdmamth. iii., 389. Ait Bon Chaib. An orphan girl who 
has several uncles may designate one to receive her thdma7nth, but 
he must then provide for all her wants and expenditures. If she 
complains against him, he is fined 50 reals, iii., 431. Ait Khalifa. 
A man anticipating his decease may not name any one but a rela- 
tive as a guardian of his children. A man about to set forth for 
Mecca may appoint a non-relative to watch over a repudiated 
wife. If his wife is not repudiated he may appoint only a relative 
ii., 401. If a man die and leave a wife and children, his nearest 
relative is children's guardian until their majority, iii., 384. Ait 
Aissa. No one may be the guardian of an orphan but a near 
relative. If there are no near relatives, it is a man of the 
Kharouba, iii., 405. 



The Patriarchate 3 J 9 

Ait Ameur, etc. If a man die without male children, village 
council entitled to receive 20 reals, iii., 394. Father of bride and 
of bridegroom each pay 1 real to village council, iii., 384. Ait 
Ousammer. On marriage of a daughter to a stranger, father will 
pay 4 reals to village council. If council entertain marriage 
guests on this occasion, he will pay 8 reals, ii., 378. A relative 
non-resident in village excluded from inheriting property. If 
deceased has no resident heirs village council appropriates 
property, iii., 383. Ait Khalifa. If a woman become widowed 
or repudiated, she has a right to live in her father's house and 
on his patrimony. If a foreign woman marry into tribe, she may 
not inherit from her father. " We do not allow our tribal property 
to pass over to foreigners through female inheritance, nor do we 
wish to have property of foreigners come into our possession 
through that source." iii., 400. Ait Aissa. He who gives a woman 
in marriage without the presence of village notables, fined 2 
douros. iii., 404. Ait El-Ader. A marriage is valid only when it 
has been celebrated by a marabout in presence of people of vil- 
lage, iii., 407. Ait H' Assam. He who marries without wit- 
nesses pays a fine of 10 reals and contract is void, iii., 436. 
Cheurfa, etc. He who buys and he who sells or mortgages 
property of an orphan, fined 20 reals, iii., 329. 

Ancient Hebrews : 

And Abraham gave all that he had unto Isaac. Unto the sons of 
his concubines he gave gifts. Gen. xxv., 5-6. Esau, the firstborn 
of twins, sells to Jacob, his younger brother, his birthright. lb. 
xxv., 31-34. Joseph brings his sons to Jacob his father to bless. 
Jacob places his right hand upon Ephraim's, the younger son's, 
head. And Joseph said, Not so, my father: for this is the first- 
born; put thy right hand upon his head. lb. xlviii., 17-18. If 
a man have two wives, one beloved and another hated, . . . and 
if the firstborn son be hers that was hated: then it shall be, when 
he maketh his sons to inherit that which he hath, that he may not 
make the son of the beloved firstborn before the son of the hated, 
which is indeed the firstborn: but he shall acknowledge the son 
of the hated for the firstborn: by giving him a double portion of 
all that he hath: for he is the beginning of his strength; the right 
of the firstborn is his. Deut. xxi., 15-17. And the Lord spake 
unto Moses, saying, If a man die, and have no son, then ye shall 



320 The Family 

cause his inheritance to pass unto his daughter. And if he have 
no daughter, then ye shall give his inheritance unto his brethren. 
And if he have no brethren, then ye shall give his inheritance 
unto his father's brethren. And if his father have no brethren, 
then ye shall give his inheritance unto his kinsman that is next to 
him of his family, and he shall possess it. Numb, xxvii., i-ii. 

The father shall not be put to death for the children, neither 
shall the children be put to death for the father: every man shall 
be put to death for his own sin. Deut. xxiv., 16. Joab and 
Abishai, his brother, slew Abner because he had slain their 
brother Asahel. They smote him, too, under the fifth rib, just 
as he had slain Asahel. 2 Sam. iii., 27, 30. If any man pur- 
posely kill his neighbour, then the elders of his city shall send and 
fetch him thence, and deliver him into the hand of the avenger of 
blood, that he may die. Deut. xix., 11-12. 

David said that there was a yearly sacrifice for all his family. 
1 Sam. xx., 6. 

Ye shall not afflict any widow, or fatherless child. If thou 
afflict them in any wise and they cry at all unto me, I will surely 
hear them cry; and my wrath shall wax hot, and I will kill you 
with the sword; and your wives shall be widows, and your 
children fatherless. Ex. xxii., 22-24. 
Ancient Hindus : 

Impurity on account of a death is common to all Sapindas. v., 
62. If a punishment falls not on the offender himself, it falls on 
his sons, if not on the sons, at least on his grandsons, iv., 173. 

A monthly funeral offering must be made by householders to 
the manes. Ancestors are satisfied for one month with sesamum 
grains, rice, barley, water, roots, fruits, etc. ; for two months with 
fish ; three months with gazelle meat ; four with mutton ; five 
with birds' flesh ; six with kids' flesh ; seven with spotted deer ; 
eight with black antelope ; nine with Ruru deer ; ten with boars 
and buffaloes ; eleven with hares and tortoises ; one year with 
cow-milk and milk-rice ; twelve years with white goat ; the vege- 
table Kalasaka, the fish Mahasalka, rhinoceros, red goat, hermits' 
food, food mixed with honey on 13th lunar day, etc., procure 
endless satisfaction, iii., 123-286. By giving false evidence in 
regard to small cattle, a man destroys 5 relatives ; to kine, 10 ; to 
horses, 100 ; to men, 1000 ; to gold, the born and the unborn ; to 




The Patriarchate 3 21 

land, the carnal enjoyment of women, and to gems, everything, 
viii., 97-100. The son of a wife wedded by Brahma rite, if he 
performs meritorious acts, liberates from sin 10 ancestors, 10 de- 
scendants ; and himself as the 21st; of a wife wedded by Daiva 
rite, 7 ancestors and 7 descendants ; of one by Arsha rite, 3 an- 
cestors and 3 descendants; of one by Ka rite, 6 in either ascend- 
ing or descending line. From these blameless marriages blameless 
children are born ; from the remaining four blamable marriages 
blamable sons who are cruel, liars, and haters of the sacred law. 
hi., 37-42. 

The mother is a thousand times more venerable than the father. 
ii., 145. Towards a paternal and maternal aunt and an elder 
sister, one must behave as towards one's mother, but the mother 
is the more venerable, ii., 133. 

A father obtains immortality thro* his eldest son who is begot- 
ten by the fulfilment of the law ; all the rest they consider the 
offspring of desire. A man owes the birth of a son as a debt to 
his ancestors, ix., 106-107. 

After the death of father and mother the brothers may divide 
the paternal and maternal estate in equal shares ; for they have 
no power over it while the parents live. (Commentary: The 
father's estate is to be divided after his death, the mother's after 
her death.) The division may take place if father turns ascetic 
or during parents' lifetime with their consent. The eldest son on 
whom the debt to the manes falls may alone take the whole pa- 
ternal estate. If partition is made, the eldest son shall have an 
additional share of one twentieth of the estate, and the best of 
all chattels, the middlemost sons half of that, and the young- 
est one fourth. If the brothers are equally skilled in their occu- 
pations there are no additional shares, some trifle only shall be 
given to the eldest as a token of respect, ix., 104-125. In case 
of doubt how the division shall be made, in case the younger son 
is born of the elder wife, and the elder son of the younger wife, the 
son of the former shall receive as his additional share one bull, 
the next best bulls shall belong to those who are inferior on ac- 
count of their mothers. The eldest son of the eldest wife shall 
receive 15 cows and a bull, the other sons according to the sen- 
iority of their mothers. Seniority is according to birth. No 
seniority in right of the mother exists among sons born of 



322 The Family 

mothers of equal caste, ix., 122-125. Not brothers, nor fathers, but 
sons take the paternal estate, ix., 185. One's elder brother must be 
considered as one's father, iv., 184. If the eldest brother take the 
whole paternal estate the others shall live under him just as they 
lived under their father. He must then support his younger 
brothers. If he behave as an eldest brother ought to do, he must 
be treated like a mother and like a father. If he is unworthy, he 
must yet be treated like a kinsman. Separation is meritorious, 
for by dividing each brother gains spiritual merit, ix., 105-111. 
A king must enquire into the laws of families and settle the 
peculiar law of each, viii., 41. Whatever may have been prac- 
tised by the virtuous, that he shall establish as law if it be not 
opposed to the customs of families, viii., 46. The king shall 
protect the inherited and other property of a minor. In like 
manner care must be taken of barren women, of those who have 
no sons, of those whose family is extinct, of wives and widows 
faithful to their lords, and of women afflicted with diseases. A 
righteous king must punish like thieves those relatives who appro- 
priate the property of such females during their lifetime, viii., 
27-29. Neither a father, nor a mother, nor a wife, nor a son, 
must be left unpunished by a king, if they do not keep within 
their duty, viii., 335. 

Ancient Chinese : 

When a mourner has assumed the sackcloth for a father, for 
three days he abstains from food ; for a mother, for two days, 
xxviii., 386. Asked about the funeral precedence in the case of 
both parents dying at the same time, Confucius said ° The rule 
is that the burying of the less important (mother) should have the 
precedence, and that of the more important (father) follow, while 
the offerings to them are set down in the opposite order, xxvii., 

3i5- 

With the enemy who has slain his father, one should not live 

under the same heaven. With the enemy who has slain his 
brother, one should never have his sword to seek to deal venge- 
ance, xxvii., 92. How should one do in the case of a man who 
has slain one of his paternal cousins ? Confucius replies : " He 
should not take the lead in the avenging. If he whom it chiefly 
concerns is able to do that, he should support him from behind, 
with his weapon in his hand." xxvii., 92. 



The Patriarchate 3 2 3 

The mourning for parents is taken away at the end of three 
years, but only its external symbols, the mourning for brothers at 
the end of one year and also internally, xxviii., 154. When a 
father has just died, the son should appear quite overcome, and 
as if he were at his wit's end; when the corpse has been put into 
the coffin, he should cast quick and sorrowful glances around, as 
if he were seeking for something and could not find it; when the 
interment has taken place, he should look alarmed and restless, 
as if he were looking for some one who does not arrive; at the end 
of the first year's mourning he should look sad and disappointed; 
and at the end of the second year's he should have a vague and 
unreliant look, xxvii., 129. Children may not marry, even when 
betrothed, during the mourning period for parents, xxvii., 320. 
Although his parents be dead, when a son is inclined to do what is 
good, he should think that he will thereby transmit the good name 
of his parents, and carry his wish into effect. When he is in- 
clined to do what is not good, he should think that he will 
thereby bring disgrace on the name of his parents and in no wise 
carry his wish into effect, xxvii., 450-458. When his father died, 
he could not bear to read his books; the touch of his hand seemed 
still to be on them. When his mother died, he could not bear to 
drink from the cups and bowls that she had used; the breath of 
her mouth seemed still to be on them, xxvii., 24. Confucius 
said: " In dealing with the dead, if we treat them as if they were 
entirely dead, that would show a want of affection, and should 
not be done; or, if we treat them as if they were entirely alive, 
that would show a want of wisdom, and should not be done." On 
this account the vessels of bamboo used in connection with the 
burial of the dead are not fit for actual use; those of earthen- 
ware cannot be used to wash in; those of wood are incapable of 
being carved; the lutes are strung, but not evenly; the pandean 
pipes are complete, but not in tune; the bells and musical stones 
are there, but they have no stands. They are called vessels in 
the eye of fancy; that is, the dead are thus treated as if they were 
spiritual intelligences, xxvii., 148. From of old there were (re- 
ferring to the vessels in imagination) the carriages of clay and 
the figures of straw. . . . Confucius said that the mak- 
ing of the straw figures was good and that the making of the 
wooden automaton was not benevolent. Was there not a 



324 The Family 

danger of its leading to the use of living men? xxvii., 173. Im- 
mediately after death, the dried flesh and pickled meats are set 
out by the side of the corpse. When the interment is about to 
take place, these are the things sent and offered at the grave; 
and after the interment, there is the food presented in the sacri- 
fices of repose. The dead have never been seen to partake of 
these things. But from the highest ages to the present they have 
never been neglected; all to cause men not to revolt from their 
dead, xxvii., 177-178. Khan-Zze-Kti having died in Wei, his 
wife and the principal officer of the family consulted together 
about burying some living persons follow him. When they had 
decided to do so, his brother, Khan-Zze-Khang, arrived, and when 
they informed him about their plan, saying, "When the master 
was ill, he was far away, and there was no provision for his nour- 
ishment in the lower world; let us bury some persons alive to 
supply it." Zze-Khang said, " To bury living persons for the 
sake of the dead is contrary to what is proper. Nevertheless, in 
the event of his being ill, and requiring to be nourished, who are 
so fit for that purpose as his wife and steward ? " On this the 
proposal was not carried into effect, xxvii., 181-182. The king 
made for himself seven ancestral temples, with a raised altar and 
the surrounding area for each. The temples were his father's; 
his grandfather's; his great-grandfather's; his great-great-grand- 
father's; and the temple of his high ancestor. At all of these a 
sacrifice was offered every month. The temples of the more 
remote ancestors formed the receptacles for the tablets as they 
were displaced; they were two, and at these only the seasonal 
sacrifices were offered. For the removed tablet of one more 
remote, an altar was raised and its corresponding area; and on 
occasions of prayer at this altar and area, a sacrifice was offered. 
In the case of an ancestor still more remote, he was left in his 
ghostly state. A feudal prince had five ancestral temples. A 
great officer had three; an officer of the highest grade had two; 
an officer in charge merely of one department had one. The 
mass of ordinary officers and the common people had no ancestral 
temple. Their dead were left in their ghostly state, to have 
offerings presented to them in the back apartment, as occasion 
required, xxviii., 204-206. It is by sacrifice that the nourishment 
of parents is followed up and filial duty to them perpetuated. In 



The Patriarchate 3 2 5 

three ways is a filial son's service of his parents shown: while 
they are alive, by nourishing them; when they are dead, by all 
the rites of mourning; and when the mourning is over by sacri- 
ficing to them, xxviii., 237-238. In presenting the sacrifice of 
repose in the ancestral temple, the son offered it to his parent in 
his disembodied state, hoping that his shade would peradventure 
return and enjoy it. When he came back to the house from com- 
pleting the grave, he did not venture to occupy his chamber, but 
dwelt in the mourning shed, lamenting that his parent was now 
outside. He slept on the rushes, with a clod for his pillow, 
lamenting that his parent was in the ground. Therefore he 
wailed and wept, without regard to time; he endured the toil and 
grief for three years, xxviii., 377. 

At all mourning rites in a household, if the father were alive, 
he acted as presiding mourner ; if he were dead, and brothers 
lived together in the house, each presided at the mourning for 
one of his own family circle. If two brothers were equally related 
to the deceased for whom rites were necessary, the eldest presided 
at these rites ; if they were not equally related, the one most 
nearly so presided, xxviii., 373. Primogeniture is observed, 
xxvii., 120. 

Eldest cousins in the legitimate line of descent and their 
brothers should do reverence to the son, who is the representa- 
tive chief of the family, and his wife. Though they may- 
be richer and higher in official rank than he, they should not 
presume to enter his house with the demonstrations of their 
wealth and dignity. Although they may have in attendance many 
chariots and footmen they should stop outside, and enter it in 
more simple style with a few followers. If to any of the younger 
cousins there have been given vessels, robes, furs, coverlets, car- 
riages, and horses, he must offer the best of them to his chief, and 
then use those that are inferior to this himself. If what he should 
thus offer be not proper for the chief, he will not presume to 
enter with it at his gate, not daring to appear with his wealth and 
dignity, to be above him who is the head of all the clan with its 
uncles and elder cousins. A wealthy cousin should prepare two 
victims and present the better of them to his chief. He and his 
wife should together, after self-purification, reverently assist at his 
sacrifice in the ancestral temple. When the business of that is 



326 The Family 

over, they may venture to offer their own private sacrifice, xxvii., 
458-459. Members of the same surname were united together 
in the various ramifications of their kinship, under the Heads of 
their various branches, xxviii., 62. There was the great Hon- 
oured Head whose tablet was not removed from the ancestral 
temple for a hundred generations. There were the smaller Hon- 
oured Heads whose tablets were removed after five generations. 
They were the ancestors of a line, xxviii., 65. 

Ancient Romans : 

Let no dead bodies be interred or buried within the city. 
Regulations forbidding lavish expenditure in funerals (and limit- 
ing the burial or burning of the dead) in more than three mourn- 
ing robes (with purple bands). Not more than ten flute players 
are to be hired. Let not the women disfigure their faces or in- 
dulge in ostentatious lamentation. The bones of a deceased per- 
son are not to be collected for the purpose of a subsequent funeral. 
All funeral potations, costly be-sprinklings of the funeral pile, 
long rows of crowns, or incense vessels borne before the corpse, 
several funerals or biers for one person, the throwing in of gold 
with the body are forbidden. Table X. 

For the frightful crime of parricide, (hastening the death of an 
ascendant or child or any other relation whose murder is included 
under the term parricide) there is no usual penalty ; the perpe- 
trator and instigator or accomplice are sewn up in a leathern sack, 
with a dog, a cock, a viper, and an ape, and thrown into the neigh- 
bouring sea or river " so that during life he may begin to want 
the use of the elements, and that the air may be withdrawn 
from him whilst living and the earth when he is dead." J. iv., 
xviii.y § 6. 



LECTURE XIV 



THE MODERN SIMPLE FAMILY 



TRANSITIONS from matriarchal as well as from Transition from 
, , • i« • 1 1 r -i • • compound to 

patriarchal to individual family organisation are modem simple 

to be observed, but the latter type of transition is by ami y 

far the more usual, and for a study of the simple 

family of civilisation the more significant. 

The question of the passing of the Aryan peoples Aryan transition 
through the matriarchal stage has been and still is 
the subject of controversy. 1 Whatever the interpre- 
tation given to alleged survivals of prehistoric periods 
may point to historically, the Aryans have always 
lived under patriarchal or individual family organisa- 
tion; and there are many traces of the transition 
from the former to the latter type of organisation in 
the modern simple family. 

Although in this family descent is traced through Patriarchal 
both parents, offspring take, as a rule, their father's £2£ deicent iP ' 
name and, where a noble class exists, his title. In 
the control of offspring, the father or the paternal Guardianship 
kindred have commonly superior rights and heavier 
obligations than those of the mother or maternal 
kindred. The right of custody and the obligation to 
support and educate commonly attach to the father 
in preference to the mother, either in marriage or 
under circumstances of separation. The mother, to be 
sure, may have primacy over the paternal kindred; but 

1 See pp. 307-8. 
327 



328 



The Family 



Parental consent to 
marriage 



Economic dis 
abilities of married 



in the death of both parents the right of guardianship 
lies with the paternal instead of the maternal kindred. 
Again, among some peoples parental consent is neces- 
sary for the marriage of offspring to a late age, twenty- 
five or even thirty. The age of consent is in almost 
all cases earlier than the legal age at marriage. 

Many economic disabilities in independent wage- 

auuiuca vji niauicu . 1**1 1 • 1 • 1111* 

women and minors earning and in independent inheritance and holding 
of property likewise attach to married women and to 
minors. The product of the wife's industry still be- 
longs, for example, to the matrimonial community in 
some of the states where the community system 
prevails. Even where the principle of separate 
ownership is recognised, inherited forms of marital 
administration and usufruct over dotal and other 
forms of property may persist. In succession to 
matrimonial property, the husband's share in the 
estate of his deceased wife may be larger than the 
wife's share in the estate of her deceased husband. 
On the other hand, where the principle of individual 
ownership is well established for both husband and 
wife, special protection for the wife, dating back to the 
earlier system of exclusive marital property rights, 
may persist. The husband may be responsible for 
the support of his wife during marriage, and, where she 
has brought the action of divorce, after separation (ali- 
mony). H e may be primarily responsible for the house- 
hold expenses, for the support of minor offspring, etc. 

The contractual capacity of married women is still 
in many European countries and in parts of the 
United States partly unrecognised. A married 
woman may not be allowed to give, alienate, pledge, 
or acquire property without the authorisation of her 



Discriminations in 
favour of wife 



Juridical 
incapacities 






The Modern Simple Family 3 2 9 

husband, or, where this rule begins to be modified, of 
the court, or she may be free to contract only for her 
separate property. Again contract for her personal 
services may be subject to marital authorisation. 
Her husband may be able to invalidate contracts 
already made or only to abrogate future acts of the 
kind. Incapacity to sue and be sued is an outcome of 
general contractual incapacity. Where contractual 
capacity is in general recognised, special restrictions 
upon the power to answer for the liability of another 
person may exist. 1 

Parents are usually still entitled to the earnings of child labour 
their minor offspring; and in the lower economic 
classes of most countries child labour for the benefit 
of parents is customary. In the higher economic 
classes parental ownership finds expression, on the 
other hand, in shutting unmarried daughters out from 
productive activity. 

Lack of chastity in unmarried and of conjugal chastity and 
fidelity in married men are far from being as severely conjugal fideht y 
condemned as such offences among women. Among Right to divorce 
few modern nations has the right to divorce become 
fully reciprocal. Among all nations the husband is General subordina. 
still recognised as the leoral head of the household t ionofwomeni o 

& o family 

administration. Finally, the subordination of the 
wife to the husband in many ways which are not a 
concern of law is prescribed by religious and secular 
public opinion. 2 

1 Special studies should be made of the sources of these modern patriarchal 
survivals. The subjection of married women, for example, is due to canon and 
not to Roman law. 

8 This review covers only the most striking patriarchal survivals in the modern 
family. In the following description of the latter further patriarchal traces 
will be recognised. 



33° 



The Family 



Characters of mod- 
ern simple family 

Monogamy 



Exaction of chas- 
tity of unmarried 
men 



Increase of prosti- 
tution 

Due partly to in- 
creasing tendency 
to late marriage or 
celibacy 



Bearing in mind the influence of prior patriarchal 
systems upon the modern family, likewise bearing in 
mind that modern civilisations are the most hetero- 
geneous, culturally and economically, of all societies, 
and therefore that the family with other forms of 
social organisation is subject to innumerable varia- 
tions of type in the same civilisation, let us review the 
main features of the typical modern simple family. 

Marriage is monogamous. Bigyny when contracted 
under legal formality is punished by imprisonment. 
When entered into without legal formality, it is, as a 
rule, severely condemned by public opinion, and is 
almost universally a cause for divorce. Adultery is 
thought of as a wrong that can be committed against 
a wife as well as against a husband. Biandry, to use 
a parallel term, is similarly treated, although it is even 
more harshly condemned by public opinion. (An in- 
teresting survival of patriarchal marital power in this 
connection is the fact that the husband who is cogni- 
zant and tolerant of biandry is much more severely 
condemned than the wife who is cognizant and toler- 
ant of bigyny.) Similarly, acts of temporary non-con- 
jugal sexual intercourse are more severely condemned 
in the wife than in the husband. Lack of conjugal 
fidelity in married men is more condemned than lack 
of chastity in unmarried men. In many civilisations 
the latter is, in fact, rarely condemned at all. Recently 
among Anglo-Saxons a slight tendency has developed 
among marriageable girls to require chastity of suitors. 
The prostitute class is, nevertheless, on the increase in 
all civilisations. Increasing tendencies to late marriage 
and celibacy are among the chief causes of this in- 
crease. There is a tendency for the segregation of this 



The Modern Simple Family 331 

class to become less and less marked. In all civilisa- 
tions divorce is also increasing. A large majority of increase of divorce 
divorces are obtained by women. Legal causes for 
divorce tend to multiply. It is notable that as yet the The question of 
existence of offspring is rarely taken into considera- offspring in d, " orce 
tion, legally at any rate, in questions of divorce. 1 
There is, however, a tendency to give the custody of 
offspring to the parent who will be the better educator, 
and it is frequently provided that such custody maybe 
forfeited through misconduct. Where legal divorce is 
prohibited or difficult to procure because of legal re- 
strictions, the cost of legal procedure or religious pre- 
judice, separations legal (limited divorce or divorce 
a mensa et tliord) and non-legal (by mutual consent or 
as an act of desertion) are the substitutes in vogue. 
In such cases legal remarriage is of course precluded, 
but in the majority of cases, in the case of the ex- 
husbands, at any rate, clandestine relations are prob- 
ably formed. There is a certain amount of prejudice 
against divorced persons, more against the divorced 
woman than the divorced man, but this prejudice tends Prejudice against 
to diminish, except where the influence of the Cath- divorced persons 
olic Church is felt. The remarriage of divorced per- Remarriage of 
sons is usual. The rate is about the same as that divorced P ersons 
for widows and widowers. 

Both systems of matrimonial property-holding, i.e., 
the community and the individual property system, 
are found, and in either system a tendency to guar- Economic equality 
antee the absolute economic equality or independence 

1 In 141,810 of the 328,716 divorces in the United States from 1867 to 1886, 
it is not even recorded whether or not the libellant had children. Wright, 
.', etc., p. 210. 

The divorce question in relation to offspring has been treated of in literature 
notably by the French playwrights Brieux (Le Berceau) and Hervieu {Le De'dale). 



or independence of 
wives 



332 



The Family 



Co-education 



of wives is marked. Participation of wives in the in- 
conjugai sympathy terests and to a certain degree in the occupations of 
husbands is also characteristic. This is chiefly due to 
the growing tendency against sex segregation in gen- 
eral. The most notable expression of this tendency 
is the movement for co-education of the sexes. In 
some communities institutional co-education has been 
put into practice in all institutional training. But in 
these communities, as well as in those which still more 
or less persistently segregate boys from girls in institu- 
tions, home education is still differentiated along sex 
lines. (In many cases, in fact, institutional education 
which is theoretically co-educational is so conducted 
that it emphasises instead of obliterates sex-lines in 
education.) The period of education tends to be 
lengthened, and activity which is likely to check 
the child's development is condemned or forbidden. 
There are, for example, in many communities, laws 
against the exploitation of child labour. 

The third or highest stage of parenthood is more 
general in the modern simple family than in any other 
family type. Modern science with its teaching on the 
influence of heredity and of environment has cleared 
the way for the development of the sense of parental 
responsibility. In law there is little or no expression 
as yet of obligation to unborn offspring in sexual 
choice ; but in general public opinion there is a 
tendency to condemn marriages likely to propagate 
serious hereditary disease. There is similarly the be- 
ginnings of condemnation of physical excesses, drunk- 
enness, sexual promiscuity, etc., because of their 
probable effect upon offspring. 1 The knowledge, 

1 See, for the discussion of this subject in literature, Ibsen, Ghosts. 



Prolongation of 
education 



Child labour laws 



Spread of highest 
type of parenthood 

Modern science 
and parental 
responsibility 



The Modern Simple Family 333 

also a contribution of modern science, that both pa- 
rents are from a physiological standpoint equal agents 
in reproduction is also becoming an important factor 
in public opinion about parental rights and privileges. 1 

The state or crystallised public opinion intervenes Protection of chua 
for the protection of infancy and childhood in many hoodbythe ' 
ways besides prohibiting injurious economic activity. 
Foeticide is a felony. Persons participating in the act 
are subject to imprisonment. Infanticide is classed 
with murder. For cruelty or neglect parents may be 
deprived of the custody of their children. Parents 
neglecting to avail of opportunities for the schooling of 
their children are subject to fine. In many non-legal 
ways as well there is marked tendency to hold the 
good of offspring of primary consideration in family 
life. On the other hand, the cost and prolonged 
period of education, and the absence of anticipation of 
returns economic or sympathetic from adult offspring, 
tend to make children undesirable. Voluntary child- voitunary 

1 • .1 -11 l childlessness 

lessness is the outcome among those classes possessed 
of the requisite knowledge and self-control. 

Any account of the modern simple family would be influence of 
incomplete without a review of the historical relations thefamHy* ° 
of Christianity and the Christian church to the family. 
It will also be well for us to consider this subject in 
anticipation of some of the ideas to be discussed in the 
next lecture. 

In observing the nature of the sanction which at- T he religious 
taches to family customs in the several social groups sanction of fami,y 

J or custom 

we have been studying, we could not fail to note the 
important part played by religious thought and rite. 

1 Hervieu, La loi d'/iomme. 



334 



The Family 



Condemnation of 
sexual desire 



Its effect on women 



Religion preserves and sanctions custom in general. 
Often it does this explicitly. 1 Still more often it fos- 
ters the state of mind which is intolerant of inno- 
vation and respectful of whatever is traditional or 
authoritative. Christianity, like the other historical 
religions, and like customary religion, totemism, 
ancestor-worship, etc., has exerted and still exerts this 
influence upon the family. Again, like other religions, 
it has specifically impressed itself upon the family. 

Condemnation of sexual desire as a base instinct is, 
perhaps, the main note of Christianity's direct mark 
upon the family. 2 Strict monogamy as the least evil 
means of satisfying this desire was preached. Theo- 
retically 3 lack of chastity before marriage and of con- 
jugal fidelity after marriage became as blamable in 
men as in women. Marriage itself was thought of as 
indissoluble, being a divine ordinance. (This is the 
usual assumption of historical religions.) Neverthe- 
less life-long chastity was an ideal for both men and 
women. This view of sexuality tended no doubt to 
regulate purely sexual relations to the advantage of 
women ; but it was and is a grave obstacle to the de- 
velopment of woman's personality. Women were stig- 



1 The early priestly benediction on the marriage contract in Europe, the 
bride-mass, and finally the sixteenth-century sanction of marriage as a sacra- 
ment, accompanied by the ecclesiastical celebration of marriage, are cases in 
point. The current anti-divorce agitation of the Protestant churches of the 
United States is another illustration. See addresses and appeals of the Inter- 
Church Conference on Marriage and Divorce. 

2 The Pauline doctrine in i Cor. vii. is the most striking expression of this 
point of view. It is of course not original with Christianity. We have ob- 
served it before in primitive beliefs about the dangerous or contaminating 
influences of women. 

3 Church teaching not infrequently came into conflict with local custom and 
for a time at least was worsted by the latter. 



airy, and emanci- 
pation of women 



The Modern Simple Family 335 

matised as the means of satisfying unworthy desire. 
As such they became objects of seclusion and repres- 
sion. Absolute subordination to a master, to male 
relatives or husband, was required of both unmarried 
and married, particularly married women. Although 
Protestantism condemned celibacy and all forms of protestantism and 
sexual intercourse out of wedlock, it did not, directly 
at any rate, dignify marriage. Early marriage was 
preached as a necessary condition for the unworthy 
but inevitable gratification of the sexual impulse. 
Sexual restraint in marriage was not thought of. 

Not to be overlooked, on the other hand, for their po- Christianity, chiv- 
tential effects upon the family, are the Christian doc- 
trines of the worth of the human soul irrespective of sex, 
etc., of the brotherhood of man, and of the duty of 
universal love and charity. In these beliefs mediaeval 
chivalry and modern movements for the emancipation 
of women found a source and a sanction. The appli- 
cation of these beliefs to women, to slaves, serfs, wage- 
earners, etc., has been and is to be sure a matter of 
non-religious circumstances. The fact whether or 
not women had souls was once debated, for example, 
by mediaeval churchmen. 

To the relations between parents and offspring Christianity and the 
Christianity seems to have made no original contribu- 
tion. It merely served to propagate the older Hebraic 
teaching of filial subordination and of the duty, on the 
part of married persons, of reproduction at all costs. 
We have already seen that it also favoured marital 
control. In groups, therefore, where, as in Rome, the 
patriarchate was disintegrating, or in groups where, as 
among the Germans, it had never been to any degree 
developed, Christianity became if anything a sanction 



patriarchal family 



336 



The Family 



Survivals ot 
ancestor-worship 



Influences of 
mediaeval church 
as a political 
organisation 



Parental consent 
to marriage 
unnecessary 



Encouragements 
to promiscuity, 
divorce, plural 
marriage 



Multiplication of 
bars to marriage 



for a patriarchal type of family. In encouraging filial 
piety it was a soil for survivals of ancestor-worshipping 
cults or rather habits of thought. Family burial- 
grounds with their tombstone offerings of flowers, etc., 
family prayers, " grace" at meals, family benedictions 
and curses, masses and candle-burning for the souls 
of deceased relatives, etc., are illustrations. 

The Christian church had as a political organisation 
certain special effects upon the family. In taking 
over from Roman law the contractual idea of marriage, 
canon law emphasised the view that the consent of 
the contracting parties was the essence of a marriage. 
Parental consent thereby became dispensable. Mar- 
riage at the age of seven, even if in opposition to 
parent or guardian, was legal, and all child marriages, 
with or without the consent of the guardian, could be 
avoided by the desire of the girl wife after she was 
twelve years old or by the boy husband after he was 
fourteen. Again just as the mediaeval church practi- 
cally opposed in this way the religious theory of filial 
submission, so it has also at times worked against 
chastity and monogamy. Sacerdotal celibacy was 
universally accompanied by sexual promiscuity, and 
through ecclesiastical quibbling over forms of ceremo- 
nial, marriage-bars making marriage void, etc., and 
ecclesiastical favouring of clandestine marriage, divorce 
and plural marriages were encouraged. Seeking to 
extend its control, the church also greatly multiplied 
the bars to marriage, notably the impediments of con- 
sanguinity and affinity, kinship to the sixth or seventh 
degree being decreed prohibitory to marriage. 



The Modern Simple Family 337 

NOTE A 

Patriarchal Survivals in Regard to the Legal Capacity 
of Married Women. 

Loeb, The Legal Property Relations of Married Parties, 
pp. 16-46. 

Marriage and Divorce in Roman and in English Law. 
Bryce, Essay XVI. in Studies in History and Jurisprudence, 
New York and London, 1901. 

Monographs on Modern Simple Families in Europe. 

Le Play, Les Ouvriers Europeans, vol. v. and vol. vi., 
chap. viii. 

Increase of Divorce in the United States. 

Wright, A Report on Marriage and Divorce in the United 
States, 1867-1886, pp. 129-149. 

Historical Review of Causes of Instability of Modern 
Family. 

Pearson, The Decline of the Family, chap. v. in National 
Life and Character, London and New York, 1894. 

Instability of Family of Lower Economic Classes in the 
United States. 

Brandt and Baldwin, Family Desertion, pub. by the Charity 
Organisation Society, New York City, 1905. 

Increase of Women in Industry in Massachusetts. 

Sex in Industry, pt. iv. of the 33d (1904) Annual Report of 
the Mass. Bureau of Statistics of Labour, Bosion, 1903. 

Increase of Co-education in the United States. 

Harris, Report of the Commission of Education of the United 
States for 1902; Washington, 1903, ii., 2388-2390. 

Increase of Higher Education in the United States. 

lb., i., xciii-xcvi. 
Roman and Canon Law on Domestic Relations. 

Maine, A?icie?it Law, pp. 128-170. 
Mediaeval Ecclesiastical Marriage. 



338 The Family 

Howard, A History of Matrimonial Institutions , L, chaps, 
vii.-viii. 

Protestant Reforms in Marriage. 
Ibid, i., chap. ix. 

See Notes B and C to the following lecture for suggestions for 
reading and research about the modern family along contro- 
versial lines. 

NOTE D 

Ancient Romans : 

On intestacy and in default of an heir succeeding as co-owner 
of the patrimony (descendants under power), let the nearest 
agnate take the inheritance. In default of an agnate, the inherit- 
ance is to fall to the gens. Table v. The praetor gives emanci- 
pated as well as unemancipated descendants possession of the 
property. J. iii., /., § 9. If a lunatic be not provided with a 
curator, let the care of his person and property fall to the 
agnates, or, in default, to the gens. Table v. A descendant, 
whether male or female, whether tracing descent through males 
or females, whether emancipated or not, is to be preferred to all 
ascendants and collaterals. We wish that in all successions the 
distinction between agnates and cognates shall disappear. In 
tutorship, likewise, no difference shall arise from the law of agna- 
tion or cognation; but we forbid women to undertake the burden 
of the tutorship except in the case of a mother or grandmother, 
and then only after they have agreed not to remarry, and in the 
absence of a testamentary tutor, f. 9 Novel, cxviii., chaps, i., iv., v. 

Title by possession to a Roman citizen's property can never be 
acquired by an alien. Table vi. 

French : 

391. The father may appoint a special counsel to the surviving 
mother who is guardian, without whose advice she cannot take 
any steps in connection with the guardianship. If the father 
specifies the purposes for which the counsel is appointed, the 
guardian shall be able to act in all other matters without his 
assistance. 395. If the mother, who is guardian, wishes to re- 
marry, she must call together the family council before the cele- 
bration of the marriage, and such council shall decide whether 



The Modern Simple Family 339 

she may retain the guardianship. If she fails to issue this call 
she loses the guardianship by right; and her new husband shall be 
jointly responsible for all that may follow in connection with the 
guardianship which she has unduly retained. 

402. When no guardian has been appointed to a minor by the 
survivor of the father or mother, the guardianship belongs by 
right to the paternal grandfather, or, in his default, to the mater- 
nal grandfather, and so on upwards, and in such a way that the 
paternal ascendant shall always be preferred to the maternal 
ascendant in the same degree. 

People of United States : 

When the morals or safety or interests of the children strongly 
require it, the court may withdraw their custody from the father 
and confer it upon the mother. § 248. 

Guardianship belongs exclusively to the parents: first, to the 
father, and, on his death, to the mother. Father's right formerly 
preferred to mother's in all cases, while modern tendency is 
otherwise. § 285. A father, but in most States not a mother, 
may appoint a testamentary guardian. § 287. 



LECTURE XV 



ETHICAL CONSIDERATIONS 



Hasty ethical 
interpretation 
disastrous 



Criterion of ethical 
family 



YOU may have noted that in the foregoing lectures 
no explicit reference has been made to the 
ethical bearing of the facts discussed. It was im- 
portant for us to clearly understand these facts before 
we attempted to interpret them from an ethical stand- 
point. An ethical interpretation of half-known facts 
may, and only too frequently does, lead to conclusions 
that are not only scientifically false, but morally dis- 
astrous. To refrain from premature interpretations 
or conclusions is the right as well as the scientific 
method of procedure. 

Although we have not explicitly discussed the 
ethical side of any topic in our account of the family, 
yet it was not difficult to surmise at the very begin- 
ning the form that such a discussion would take. 
Here, at any rate, biology and ethics do not conflict. 1 
The highest type of family is the one which is so 
organised that infancy may be prolonged and that 
the advantages possible through its prolongation 
may be secured to offspring. In other words, im- 
mature offspring must be supported, protected, and 
educated throughout the period of immaturity in such 
a way that they will be perfectly adapted to their 
total environment, and will also be able to avail them- 
selves of whatever opportunities for progressive indi- 

1 Huxley, Evolution and Ethics. 
340 



environment to 
individual 



Ethical Considerations 34 x 

vidual variations may spring from their own natures 
and be tolerated in their environment. All questions 
of the ethical fitness of given traits of family structure 
must be referred to this standard for judgment. The 
character of parental care should depend, then, on the 
nature of the child and on that of his actual and 
potential surroundings. If they are complex, a suc- 
cessful process of adaptation will needs be long. Let Parental duties in a 

, . , . n * ill complex environ- 

us note here, incidentally, that parents should so ment 
control the child's environment that it may never 
be too complex for the child's power of adaptation. 
Juvenile criminality is, as a rule, nothing more than juvenile criminality 
the result of the child's futile effort to adjust him- 
self to an over-complex environment. 1 In modern Adaptation of 
civilisation in the case of children who show that they 
will never be able to cope with a very complex envir- 
onment, the interests and habits of the child should be 
so influenced and formed that when at maturity the 
choice to a certain extent of an environment is open 
to him, he may choose the one to which he is fitted, 
even if it be popularly thought of as inferior to what 
he was " born to." We know that hereditary caste or 
class regulation of economic pursuits results in a great 
social waste of individual ability or talent. In modern 
civilisation the identification of " social position" with 
certain economic activities, or, in the case of women, 
with freedom from work of any kind, is, of course, 
merely a survival of such caste restrictions. It is still 
a serious check upon the democratic principle of equal 
opportunities for all for personal development. In 
its tendency to drive the individual into work for 

1 The painful child suicide and murder incident in Hardy's/waV the Obscure 
is a strikingly clear illustration in point. 



342 



The Family 



Encouragement of 
personal initiative 



Need of discipline 



which he is not fit it is prejudicial to the children of 
all economic classes. If, for example, through desire 
to " rise " on the one hand and not to lose caste on the 
other, both the son of a day labourer and the son of 
a railway president become inefficient clerks when each 
might have been a proficient blacksmith or mechanic 
both society and workman suffer loss. 

The task of studying the individual capacity of the 
child in adapting him to a changing environment is 
not easy, but the encouraging of his capacity for in- 
dividual variation is still more difficult. Personal in- 
itiative is a rare quality, but it might not be quite so 
rare if it were not so frequently suppressed in child- 
hood. The pedagogy of the modern kindergarten 
has been distinguished by this insight. Kindergarten 
essays have also shown, however, how difficult it is to 
combine encouragement of initiative with discipline 
or systematic adaptation to environment. This is 
the undertaking that falls, however, and falls primarily, 
upon parents. A scientific application of this theory 
of parental education in any society, in our own, for 
example, would mean a long treatise on education, 
requiring a careful consideration of existing forms of 
culture and of many aspects of individual and social 
psychology. 1 The personal application of the theory 
is the problem that must be met by all intelligent and 
devoted parents. You are not engaged as scientists 

1 This treatise remains to be written. The writing of it would be a great and 
memorable work. It would supply a scientific basis for an unparalleled system 
of national education in which the present divorce between home and school 
education would not occur. Such a treatise would be a chapter, in turn, of a 
still greater work on social selection. Cp. Barth on the interaction of education 
and social development, Die Geschichte der Erziehung in soziologischer Beleuch- 
tung in Vierteljahrschrift fur wissenschaftliche Philosophic u. Soziologie, ii., 
1903. 



Ethical Considerations 343 

in writing the treatise or as parents in solving the 
problem, but there are certain subjects connected 
with it which as potential solvers of the problem it 
would be well for you even now to consider. 

Parental duty begins, paradoxically speaking, long Parental duties 
before parenthood. Individuals influence the lot of offspring 6 
their unborn children (ia) through their own educa- 
tion in general, (ib) through their special prepara- 
tion as educators, (2) through their choice of a 
husband or wife who is to share with them responsi- 
bilities of inheritance and education. 

(ia) We havebeenledtobelieve that character, finely character the end of 
developed womanhood or manhood, is the goal of our 
education. We have also been taught that we owe social service 
services to our community. In the ideas that through combination of 
the making of our own character we are making that rearing 
of our children, and that successful child-rearing is 
one of the most, if not the most, important service 
we can render society the two aims of our education 
combine. I doubt not that this point of view will be 
reassuring to those of you who are impatient, as most 
of us have been at one time or another in any pro- 
longed and seemingly over-individualistic educational 
period, to take up the business of life for which you 
have been so long preparing, (ib) Herbert Spencer, spencer on educa- 
in his treatise on education, gave as one of his five parents 3016 " 1181 
divisions of education training in the education of 
others, i.e., the education of the potential parent. As 
yet we have paid little or no attention to this view, 
but the time will undoubtedly come when a child-study 
course will be part of everybody's education. (Such 
study, needless to say, will differ a great deal from 
that followed in the professional normal school of 



344 



The Family 



disease through 
reproduction 



to-day.) We shall refer to this subject again. 1 (2) 
There are signs already of the spread of the idea that 
the individual is bound to consider the effects upon 
Guiit of propagating society of his or her marriage. Individuals tainted 
by epilepsy, insanity, inebriacy, deaf-mutism, venereal 
disease, etc., are thought by many to be morally 
guilty if they marry. There is a growing realisa- 
tion of the cost to the state of reproduction by its 
diseased or vicious subjects, and at the same time a 
growing inclination to prevent these classes from 
reproducing themselves by segregation, castration, etc. 
If the biological knowledge of the future throws 
more light upon the present-day mysteries of heredity, 
demonstrating the disastrous results of the mating of 
those handicapped by minor as well as by more fla- 
grant taints or lacks, the social obligation in marriage 
will be held more and more considerable. The social 
demand for the possession of progressive traits, 
physical, moral, and mental, as well as lack of dis- 
ease on the part of child bearers and begetters will 
exert more and more pressure upon the individual. 
Eugenics, as Professor Galton suggests, will become 
a religious dogma. 2 Before continuing to discuss 



Eugenics 



1 See pp. 352-3. 

2 As a preliminary and popular emphasis on the importance of this point of 
view might it not be well to embody in marriage licenses data about the personal 
and family health and character of bride and groom, likewise a certificate of the 
bride's previous training in child-care ? Such a record would be a. partial proof 
of the matrimonial eligibility or non-eligibility of the license holder. A favour- 
able record would entitle the holder to a place upon the matrimonial white-list, 
so to speak. Cp, Stanley, Artificial Selection and the Marriage Problem, in 
The Monist, Oct., 1891. See Morrow, Social Diseases and Marriage, New 
York and Philadelphia, 1904, pp. 366-369, for the futility of requiring a state 
medical certificate as a means of preventing the propagation of venereal disease 
in marriage. See also Mr. Galton's and Dr. Mott's suggestions about eugenic 
certificates in Nature, Feb. 23, 1905. 



Ethical Considerations 345 

this subject of the importance of sexual choice, 
let us consider desiderata in the marriage ! relation 
itself. 

According to our view of the family's function, the 
relation between married persons should be that best criterion for 
fitting them for their task of parenthood. It should 
be one allowing for or rather encouraging a full devel- 
opment of their natures, for all their capabilities should 
be taxed in their role of parenthood. Polygyny, in- 
cluding concubinage, prostitution, etc., have tended to 
distribute womanly functions in different classes of 
women. Generally speaking, the concubine, prosti- 
tute, or mistress serve for sexual sympathy and grati- 
fication, the chief or legal wife for reproduction. 
Economic activities are also apt to fall unequally upon 
these different classes of women. Monogamy is there- 
fore from the point of view of parenthood a superior 
form of sexual intercourse, for it allows of a combina- 
tion of womanly functions in one woman. The result- 
ing type of woman is a better educator and her 
children fall heir to a richer inheritance of personality 
than is the case where women are differentiated into 
child-bearing and non-child-bearing or productive and 
non-productive 2 classes. 

Again reciprocity of conjugal rights and duties is 
desirable for parenthood. If marriage have a proprie- conjugal recipro- 
tary character, neither the owner nor the owned is 
entirely fit to develop free personalities in his or her 
children. Moreover the idea of marital ownership 

1 In this lecture we are using the term in its popular sense. 

5 Women, of course, like men, are differentiated as producers and non-pro- 
ducers for reasons irrespective of the forms of marriage. In all cases the 
offspring of the non-producers are likely to suffer from this differentiation. 
See p. 346. 



346 



The Family 



Social meaning of 
emancipation of 
woman 



Labour conditions 
adapted to women 
workers 



more or less involves that of parental ownership, and 
the latter, as we have seen, is incompatible with a high 
type of parenthood. The custom of proprietary mar- 
riage inevitably leads, for example, to restrictions upon 
female education. Now just in so far as a woman's 
education is limited is she handicapped as an educator 
of her children. It is unfortunate that in the emanci- 
pation of woman agitation of the past half-century the 
reformers failed to emphasise the social as adequately 
as the individualistic need of change. If women are 
to be fit wives and mothers they must have all, per- 
haps more, of the opportunities for personal develop- 
ment that men have. All the activities hitherto 
reserved to men must at least be open to them, and 
many of these activities, certain functions of citizen- 
ship 1 for example, must be expected of them. More- 
over, whatever the lines may be along which the fitness 
of women to labour will be experimentally determined, 
the underlying position must be established that for 
the sake of individual and race character she is to be 
a producer as well as a consumer of social values. 2 
As soon as this ethical necessity is generally recog- 
nised the conditions of modern industry will become 
much better adapted to the needs of women workers 
than they are now, the hygiene of workshop, factory, 
and office will improve, and child bearing and rearing 



1 The enlightened political opinion of to-day finds the chief if not the only 
warrant for universal male suffrage in its being an educational means. In this 
view women need the suffrage at present even more than men. 

2 See p. 345. Dr. Alice Drysdale Vickery gave striking expression to one 
phase of this subject at a recent discussion of the London Sociological Society. 
She urged that without ecomonic independence the individuality of woman 
could not exercise that natural selective power in the choice of a mate which was 
probably a main factor in the spiritual evolution of the race. The American 
Journal of Sociology, Sept., 1905, p. 279. 



Ethical Considerations 347 

will no longer seem incompatible with productive 
activity. 

In view of the necessity of conjugal reciprocity of importance of 

i i r sexual choice 

rights and duties for personal development and of 
mutual affection and respect for enduring monogamy, 
sexual choice becomes a very important matter, a mat- 
ter needing mature judgment and therefore preclusive 
of very early marriage. If young people were more 
carefully and reasonably educated for the functions of 
marriage and parenthood they could undoubtedly be 
fitted at an earlier age than they are now for the exer- 
cise of these functions. An abiding argument against 
early marriage lies, however, in the differences of sex- 
ual choice at different ages. When sexual choice 
resulting in sexual intercourse and child-bearing occurs 
after maturity, mental and moral are more apt than 
merely physical traits to influence the choice and 
therefore, according to the law of sexual selection, to 
be propagated in the offspring. Moreover the develop- 
ment of these traits in the parents enables them to 
provide more carefully for their children than immature 
parents. Here we are face to face with what is perhaps 
the most difficult task and what promises to become 
one of the most puzzling problems of current morality. 
Hitherto in almost all societies late marriage has 
either been accompanied by a lack of chastity before 
marriage on the part of the youth of both sexes or, 
where female chastity is valued, by the lack of chastity 
on the part of males with the growth of a prostitute 
class. 1 Now it is unnecessary to more than point out 



Prostitution un- 
democratic 



1 Exceptions may, as we have seen, occur in groups where the young women 
become the property of the older or richer men to the privation of the younger 
or poorer men. 



Alternatives 



34 8 The Family 

that modern democracy is as incompatible with pros- 
titution as with slavery. Our toleration of prostitution 
is a survival of clan morality, and taboo upon discus- 
sion of the subject is largely responsible for our fail- 
ure to realise its clash with modern points of view. 
The argument is brief. If we desire monogamy we 
must condemn prostitution, but we must necessarily 
condemn male as well as female prostitutes. If, on the 
other hand, we do not condemn promiscuity in men, 
it must be on the ground that their nature is radically 
unadapted to monogamy and that monogamy is unde- 
sirable. In this case we should not discriminate 
against the women necessary to the gratification of 
men's polygynous instincts. If the social stigma were 
taken off the prostitute, if she were no longer a segre- 
gated person, prostitution might then become, in the 
sense of a division of labour, more consistent with a 
democratic point of view. It would nevertheless be 
untrue to democracy in its large meaning, z. e., equal 
opportunities for the total development of man or 
woman. We have therefore, given late marriage and 
the passing of prostitution, two alternatives, the requir- 
ing of absolute chastity of both sexes until marriage 
or the toleration of freedom of sexual intercourse on 
the part of the unmarried of both sexes before mar- 
riage, z\ e. y before the birth of offspring. In this event 
condemnation of sex license would have a different 
emphasis from that at present. Sexual intercourse 
would not be of itself disparaged or condemned, it 
would be disapproved of only if indulged in at the 
expense of health or of emotional or intellectual activi- 
ties in oneself or in others. As a matter of fact, truly 
monogamous relations seem to be those most con- 



Ethical Considerations 349 

ducive to emotional or intellectual development and to 
health, so that, quite apart from the question of pro- 
stitution, promiscuity is not desirable or even tolerable. 
It would therefore, seem well from this point of view, Early Mat 
to encourage early trial marriage, the relation to be marnage 
entered into with a view to permanency, but with the 
privilege of breaking it if proved unsuccessful and in 
the absence of offspring without suffering any great 
degree of public condemnation. 

The conditions to be considered in any attempt to 
answer the question that thus arises are exceedingly 
complex. Much depends upon the outcome of present 
experiments in economic independence for women, a 
matter which is in turn dependent upon the outcome 
of the general labour "question." Much depends upon 
revelations of physiological science. If the future 
brings about the full economic independence of women, 
if physiologists will undertake to guarantee society 
certain immunities from the sexual excess of the indi- 
vidual, 1 if, and these are the most important condi- 
tions of all, increases in biological, psychological, and 
social knowledge make parenthood a more enlight- 
ened and purposive function than is even dreamed of 
at present and if pari passu with this increase of know- 
ledge a higher standard of parental duty and a greater 
capacity for parental devotion develop, then the need 
of sexual restraint as we understand it may disappear 
and different relations between the sexes before mar- 
riage and to a certain extent within marriage may be 

1 Through the discovery of certain and innocuous methods of preventing con- 
ception. The application of this knowledge would have to be encouraged by 
public opinion in cases where conception would result in a degenerate offspring. 
Public opinion would also have to endorse the segregation of persons tainted 
with communicable sexual disease. 



35° The Family 

Needed reforms expected. Meanwhile, on the basis of present cir- 
cumstances, public opinion should tend (i) to condemn 
prostitution or adultery 1 in men as well as in women, 
(2) to make the transmission of venereal disease in 
marriage a penal offence, 2 (3) to render identical the 
age of consent with the legal age of marriage and to 
abolish laws requiring parental consent to marriage, 
(4) to consider parental duties the same in the case 
of an illegitimate as in that of a legitimate child, 3 
and (5) to abolish legal separation and divorce law 
provisions prohibiting the defendant to remarry. 

Reasons for recommendations 1, 2, 3, and 4 have 
been given elsewhere. 4 In regard to the last recom- 
mendation it may be stated that prohibitions against 
the remarriage of legally separated or divorced per- 
sons are inevitably factors in illegitimate sexual in- 
tercourse. Moreover if the parent who retains the 
guardianship of the children is unable to remarry, 
hardship to the children, economic and otherwise, may 
result. 

The existence of off- How little the idea that sexual restraint is primarily 
for the sake of offspring is as yet consciously enter- 
tained may be known from the disregard of this argu- 
ment against the system of legal separation, as well 
as from the nature of much of the current divorce 
agitation in general. Consideration of offspring is 

1 It is not rash, to say that in this country, at any rate, married women must, 
if this opinion is to be held, become more sensible of their so-called conjugal duty 
in marriage. Their disregard of this duty is one of the factors of increasing 
prostitution and practical bigamy. 

3 See Morrow, Social Diseases and Marriage^ pp. 369-378. 

3 The black-mail argument so often urged against (3) and (4) is obviously 
specious. In what other case does society refuse to consider a crime criminal 
because the innocent may be accused of it ? 

4 See pp. — 



spring a factor in 
divorce legislation 



Ethical Considerations 35 1 

rarely to the fore in current controversy about the 
dissolution of marriage, and in no modern law on 
divorce, with one or two exceptions, is the existence 
of offspring taken as a determining condition. From 
our standpoint, however, the effect of divorce upon 
the children of the separating parents is the foremost 
consideration. Might it not be worth while, in our 
present divorce law experimentation, to discriminate 
between childless divorce seekers and divorce seekers 
with children, making the law much stricter for the 
latter than the former ? At any rate, it seems as if 
the emphasis of public condemnation should fall very 
much more upon the irresponsible parent in case of 
divorce than upon the irresponsible husband or wife. 

One objection that may be raised against such a 
two-fold divorce law is that it would encourage volun- 
tarily childless marriage. And yet is not the latter 
state preferable to the birth of offspring to parents 
who are not capable of prolonged monogamy ? Let us 
remark in this connection that the voluntarily childless 
marriage of to-day is an indication of a tendency 
towards sexual freedom before marriage. It is a pro- voluntarily 
gressive substitute for prostitution ; but, like prostitu 
tion, it is a social evil, in so far as it is a check upon P rostitution 
the development of personality. 

Voluntarily childless marriage, or the restriction of "Race-suicide 
child-bearing to the birth of one or two children, a 
much more general occurrence, is no doubt a very 
serious condition, and one, too, that seems to be on 
the increase. Unfortunately it seems to affect the 
classes who, for the sake of the cultural progress of 
the race, would do well to have a more numerous 
offspring. The classes, on the other hand, who from 



childless marriage 
assimilated to 



352 



The Family 



Natural selection 
fails 



Social responsibil- 
ity for the care of 
childhood 



economic and cultural points of view, can least afford 
child-bearing are those who are most prone to it. 
This state is, of course, inevitably characteristic of the 
classes which are the least culturally developed, and 
therefore the least self-controlled. If, however, the 
educational agencies which reach these classes would 
frankly teach them that reproduction irrespective of 
circumstances was criminal instead of righteous, at 
least one of the bars to right conduct in this matter 
would fall away. 

As it is, a high infant mortality rate is, as we have 
seen already, the accompaniment of this high birth- 
rate. The laisser faire argument that the one rate 
offsets the other, and that through the survival of the 
fittest here as elsewhere the species prospers is, in 
the case of urban populations at any rate, fallacious. 
The survivors themselves, in the wretched environ- 
ment of the average city labourers family, are only 
too commonly maimed, diseased, and undeveloped 
creatures, fit only to be a source of disaster to the 
community. 

As soon as we fully realise the solidarity of inter- 
ests of all parts of a society, and the contagious nature 
of social evil in whatever part of a group it may exist 
for the whole group, our present laisser faire policy 
in regard to the welfare of childhood is bound to 
change. The history of child-labour, age-of-consent, 
and compulsory education laws points to a developing 
public opinion in this connection. The care of child- 
ren during the first hve or six years of life, the most 
important years, from an educational standpoint, is 
still almost wholly left, however, to parents irrespec- 
tive of their qualifications as parents. The training 



Ethical Considerations 353 

of girls of all economic classes in the care of young 
children, 1 and a system of state supervision 3 of the 
home education of actual and potential public school 
children are su^^ested as initial methods in this social 
reform. In this connection it may also be suggested 
that gradual legal restrictions upon the right of 
parents to the earnings of their children would serve 
a double purpose in being a check upon the birth-rate, 
and in facilitating the operation of child-labour and 
compulsory education laws. 

As for our over-prudential, well-to-do classes, mere Educational needs 
exhortations to the married persons among them to 
enlarge their families would seem to be of little avail. 
The education of young people of both sexes on ques- 
tions of sex and reproduction on the one hand, and on 
the ethics of economic production and consumption 
on the other, would be more to the point. Through 
io-norance of one another's natures and of sex hygiene 
in general, husbands and wives create conditions very 
unfavourable both to enduring monogamy and to re- 

1 The deplorable ignorance of housewifery and the still more deplorable 
parental neglect and indifference found in the British workingman's family led 
the recent English Inter-departm.ntal Committee on Physical Deterioration to 
recommend the establishment of continuation classes at which the attendance 
of girls who had left school should be made obligatory twice a week during 
certain months of the year. " The courses of instruction at such classes should 
cover every branch of domestic hygiene, including the preparation of food, 
the practice of household cleanliness, the tendance and feeding of young chil- 
dren, the proper requirements of a family as to clothing, everything, in short, 
that would equip a young girl for the duties of a housewife." Report, pp. 
42-43. 

2 Why should not special public school officers, the school nurse with large 
functions, for example, supervise and to a certain extent direct the home train- 
ing of children in public school and of children below school age? Desire to 
safeguard the privacy of the home is generally only an expression of clan 
morality. It is a plea for parental ownership as against the democratic view 
of state responsibility for the education of its citizens. 



354 The Family 

production. 1 Franker and more intelligent teaching of 
girls in particular would make them realise the handi- 
cap of an undue postponement of marriage and 
child-bearing, and the necessity for their own develop- 
ment of substituting child-bearing for the meretricious 
kind of self-cultivation too often at present in vogue. 
Discussion of the question of the teaching of certain 
standards of production and consumption to boys and 
girls would take us too far afield ; it is enough to 
suggest that if both boys and girls were educated to 
be productively efficient and were inspired to work 
irrespective of any economic necessity to work, a long 
step would be taken to the solution of " race-suicide," 
not to speak of many other current "problems." 
Were it the "fashion" for every able-bodied adult 
person to be a producer as well as a consumer, of so- 
cial values, much of our present wasteful and unre- 
warding kind of consumption would disappear, and 
other wants, among them the desire for offspring, 
would have a chance to become more effectual. 

The general economic and cultural advances of 
the nineteenth century succeeded in side-tracking 
most of the survivals of the patriarchal family of our 
ancestors. The general division of labour more or 
less necessitated the carrying on of production out- 
side of the family. Freedom of migration tended to 
disintegrate kinship ties. Advances in science weak- 
ened the religious sanction of custom in general and 
of family custom in particular. Finally, the spirit of 

1 Dr. Morrow suggests, for example, that "race-suicide " may in many cases 
be due to the infection of the wife by the husband with gonorrhoea, rather 
than to voluntary limitation of offspring. Social Diseases ami Marriage, pp. 
108-110. See also Charities and The Commons, Feb. 24, 1906. 



Ethical Considerations 355 

freedom for individual development and initiative 
undermined marital and paternal privilege. This 
disintegration of the proprietary family has seemed 
to some people to bode that of every form of the 
family. They argue that any type of family organi- 
sation is inconsistent with our rampant individualism. 
Many facts seem to justify this argument; never- 
theless are there not more optimistic signs in view? 
Is there not a growing realisation that individualism individualism, 
and altruism are mutually dependent, that the state fo™,"" 1 ' 
must develop through the individual, but that the 
individual must also develop through the state ? And 
is not the conception that child-rearing is a social as 
well as an individualistic function, a natural corollary 
of such a political philosophy ? Through the working 
out of this conception the family may regain its lost 
prestige. 

NOTE A 

The Ethical Family. 

Spencer, The Principles of Sociology, pt. iii. chaps, i., ii., 
viii. 

Juvenile Criminality. 

Hall, Adolescence, New York, 1904, i., chap v. 

The Kindergarten Method. 

Salmon and Hindshaw, Infa?it Schools, London. New 
York, and Bombay, 1904, pp. 264-312. 

The Propagation of Vice and Disease through Repro- 
duction. 

McCulloch, The Tribe of Ishmael in Proceedings of the 
National Conference of Charities and Correction, 1888, pp. 

154-159. 

Dugdale, The Jukes. 



356 The Family 

Morrow, Social Diseases and Marriage, chaps, i., v., vii., 
viii., xvi., xviii., xix., xx. 

The Education of the Potential Parent. 

Spencer, Education, New York, 1900, pp. 40-51. 
(In sex hygiene) Galbraith: The Four Epochs of Woman's 
Life, Phila., New York, London, 1904. 

Eugenics. 

Pearson, National Life, London, 1901. 

Galton, Eugenics : Its Definition, Scope, and Aims, Ad- 
dress before tb Sociological Society, May 16, 1904, printed 
in The American Journal of Sociology , July, 1904 ; Studies in 
Eugenics, ibid., July and Sept., 1905. 

Galton, The Possible Improvement of the Human Breed 
under the Existing Conditions of Law and Sentiment, in 
Nature, Nov. 1, 1901. 

The Higher Education of Women in the United States. 

Thomas, Education of Women in Education in the U. S., 
ed. by N. M. Butler, Albany, 1900, pp. 319-358. 

Report of the Comniission of Education of the U. S., 1902, i., 
lxiii., ii., 1386-1406. 

Health Statistics of Female College Graduates, published in 
the J 6th Annual Report of the Massachusetts Bureau of 
Statistics of Labour, Boston, 1885. 

Disharmony between the Rise of Sexual Desire and Late 
Marriage. 

Metchnikoff, The Nature of Man, New York and London, 
1903, chap. v. 

Social Problems of Sex. 

Pearson, The Woman s Question in The Ethic of Free 
Thought, London, 1888, pp. 370-395. 

Clapperton, Scientific Melioris?n, London, 1885, chap, 
xvii. 

The Social Meaning of Maternity. 

Pearson, Woman and Labour in The Chances of Death a?id 
Other Studies in Evolution, London and New York, 1897, i., 
226-255. 



Ethical Considerations 357 

NOTE B 

The following references will serve in studies of current public 
opinion on the subjects cited. 

The Reglementation of Prostitution. 

American opposition to regulation of prostitution. Papers 
etc., of the National Purity Congress, New York, 1896. 

Discussion of advantages and disadvantages of regulation. 
Johnson, The Social Evil, chaps, v.-xi., and pp. 171-181 

Ibid., Morrow, Social Diseases a?id Marriage. 

Emancipation of Women. 

Historical review of the political and public rights of 
women in civilisation. Ostrogorski, The Rights of Women, 
London and New York, 1893. 

For the sake of maternity. Wollstonecraft, A Vindication 
of the Rights of Woman, London, 1891, pp. 225-235, 258- 
265, 2S0-287. 

Legal independence of married women will cause in- 
stability in marrriage. Economic independence will lessen 
her value as a mother. Starcke, The Primitive Family, pp. 
269-273. 

Possibility of readjustment in division of labour accord- 
ing to sex. Ellis, Man a?id Woman, chaps, i. and xviii. 

Economic independence will lead to " race-suicide " 
among the best endowed women, to the disaster of the race. 
Steinmetz, Feminismus und Rasse in Zt. f Socialwissenshaft, 
vii. (1904), 751-768. 

An increase of individuation among women needed to 
check human multiplication. Geddes and Thomson, The 
Evolution of Sex, chap. xx. 

Divorce. 

Reports of the National Divorce Reform League, 1885-96. 

Discussion by Cardinal Gibbons, Bishop Potter, Colonel 
Ingersoll, Mr. Gladstone, etc., in The North Ainerican 
Review, Nov. and Dec, 1889. 

Education in home -making a remedy for divorce. 
Legislation futile. Wilcox, The Divorce Problem, 1 891, pp. 
62-74. 



358 The Family 

Divorce should depend only on mutual consent, the state 
interfering only in the provision for offspring. Carpenter, 
Marriage, a forecast, in Love's Coming-of-Age, Manchester, 
1897. 
Co-education. 

Opinions of Massachusetts school superintendents, clergy- 
men, physicians, etc., on co-education. Majority and Minority 
Reports of the Special Com?nittee on Co- education of the Sexes, 
School Document : No. 19, 1890, Boston, 1890. 

Arguments in support of various experiments in co-educa- 
tion in England. Co-education, ed. by Alice Woods, London, 
New York, and Bombay, 1903. 

The education of girls should be differentiated from that 
of boys. Hall, Adolescence, chap. xvii. 
Age of Consent. 

Arena xi., xii., xiii., xiv. (articles in vol. xiv. express in 
particular prevailing sentiment in the Western States about 
rape and seduction). 

Review of legislation in U. S. Howard, A History of 
Matrimonial Institutions, iii., 195-203. 

Child Labour Laws. 

Annals of the Aniencan Academy of Political and Social 
Science, xx. (1902), 143-231. 
Ibid., May, 1905. 

Publications of the New York Child Labour Committee 
and of the National Child Labour Committee. Headquarters 
105 East 22d Street, New York City. 
NOTE C 

Is the religious sanction (1) necessary, (2) desirable in social 
education ? Discuss advantages and disadvantages of the 
American boarding school system. Outline a program for the 
instruction of adolescents in sex hygiene and morality. Make a 
study of prevailing public opinion and of practice in regard to 
the preclusion of the unfit from parentage. Analyse in different 
industries and professions present inadequacies of conditions 
imposed on women workers, and recommend readjustments 
making labour conditions compatible with healthy child-bearing 
and rearing. 



APPENDIX 

Extracts from the questionnaire compiled by Dr. Albert Her- 
mann Post, for the International Society for Comparative Law and 
Ethnography, of Berlin. 1 

FAMILY RELATIONS 

A. — Family Organization in General 

Are there narrower and wider circles of kinship ? Are there 
clans with animal (or plant) names? Has the animal a cult? 
(Is its flesh not eaten, etc.?) Are the clans descended from a 
common ancestor? His name ? Genealogy? 

B. — Kinship 

Terms for relationships. Are the kinship terms that we use in 
Europe applied in the same way ? 

Is kinship traced only through the maternal line or only through 
the paternal, or through both ? 

Is there artificial kinship ? Is there a covenant of brotherhood ? 
Forms ? Object ? Effects, e. g., upon property, upon the obliga- 
tion to support, upon blood-feud ? Can strangers be adopted into 
the family ? Forms ? Effects ? Are children given to strangers 
to be brought up ? Do kinship relations thereby arise between 
foster parents and children ? Between foster brothers and sisters ? 

C. — Mutual Liability of Kindred 

Are kinsmen liable for the offences of a relative? Have they 
to help in paying fines ? Are they punished together with the of- 
fender ? Are they liable for debts ? Have kinsmen to support 
one another in poverty? Have they to ransom one another? 
Which relatives are liable for one another, and how far does the 
liability extend ? 

1 Steinmetz : Rechtsverhaltnisse von eingeborenen Volkern in Afrika unci 
Ozeanien, Berlin, 1903. Compare the questionnaire compiled by Prof. Kohler 
in Zt. f. vergleichende Rcchtswissenschaft, xii. (1897), 427-436. 

359 



360 The Family 

D. — Narrower Family Relations 

I. THE HOUSEHOLD 

What groups of kindred live together in a household ? How- 
are the family dwellings regulated ? Describe in particular the 
polygamous household. Do several wives live together with 
their husband, or has each wife her own hut ? Do the huts form 
independent households ? Is one wife the head- wife ? Her rela- 
tion to her husband and to the other wives and their children ? 
What determines her position as head-wife ? Have the children 
of the head-wife prior rights, particularly in inheritance ? 

Are there surrounding house-communities, kraals, clan-vil- 
lages ? Their government ? 

Has the household household property ? Of what does it con- 
sist ? Is the work in common ? What becomes of the profit ? 
Have the individual members individual property ? 

Do the unmarried live separate from the married ? 

2. FAMILY HEAD (HOUSE FATHER) 

Who is the family head ? Is the head chosen ? Is the office 
inherited ? According to what order of inheritance ? 

Rights and duties. Family justice ( killing, discipline, etc. ). 
Right of selling or pawning members for debt? Control of 
property ? Liability for the offences and debts of members. 

How long do the rights of the family head over men and women 
last ? Do they terminate at majority or at marriage? 

Is the office of family head vacated with age ? Can the family 
head be deposed for mismanagement ? 

Can housemates separate from the household ? For what 
reasons ? 

Can housemates be exiled from the household? For what 
reasons ? With what consequences ? 

E. — Marriage Relations 

1. In general. Polygyny. Is the number of wives limited or 
unlimited ? Does a woman ever have several husbands ? Does 
a man ever have one wife only ? Through custom or poverty ? 
What rules govern in polyandry the intercourse of the husbands 
with the wife ? Are the husbands brothers ? What cause is al- 



Appendix 361 

leged for this form of marriage ? Is marriage a transitory or a 
permanent relationship ? Is there time- or /r/aZ-marriage ? 

2. Must the wife come from a different tribe, village, etc., than 
the husband or must she come from the same ? 

3. Does the wife become part of the husband's family or does 
the husband become part of the wife's (e. g., must the husband live 
with the wife's parents or vice versa ?) or do both continue to live 
in his or her own family, or does the couple begin independ- 
ent housekeeping ? 

4. CELEBRATION OF MARRIAGE 

Are there rape-symbols, e. g. t mock fights at weddings? 

Is marriage based on an agreement between the families of the 
bride and groom or upon a contract between bride and groom 
themselves ? Who has the right of betrothal ? Must bride and 
groom assent ? 

Is there a courtship ? Marriage-brokers ? Are presents made 
during courtship to the family of the bride? How is courtship 
initiated and how withdrawn from ? 

Must a bride-price be paid to the family of the bride ? Must 
the amount of the bride-price be agreed upon or is it customary ? 
Is the amount limited by law ? Does the amount vary for virgins, 
widows, divorced women, according to position, beauty, etc.? Is 
the bride-price paid all together or in instalments ? What rights 
are recognised in regard to husband and wife and to their child- 
ren before payment is completed ? Is the wife cut off from her 
family through payment of the bride-price or does her family 
still hold rights over her ? Must the kindred of the groom con- 
tribute to the bride-price ? Have the bride's relatives claims 
upon the bride-price ? Is the bride-price returned to the bride 
as dowry ? Does it serve as a reserve fund in case of widow- 
hood ? Must the family of the bride make compensation for the 
bride-price? What are the consequences, (1) when one of the 
betrothed couple dies before the marriage, (2) when husband or 
wife dies, (3) when the marriage remains unfruitful, (4) when one 
deserts the other ? 

Does marriage by barter occur ? 

Marriage by service ? 

Consequences of a breach of the betrothal contract, (1) for 



362 The Family 

the family, (2) for the bride and groom ? Right of withdrawal ? 
Child-betrothal and child-marriage ? 

5. OBSTACLES TO MARRIAGE 

Near relationship, age, differences in position, caste differences ? 
Are younger brothers or sisters precluded from marrying before 
elder ? 

6. WEDDING 

Describe wedding customs. Does importance attach to the 
virginity of the bride ? At what time of the year do weddings 
occur ? 

7. What is the relation between betrothed persons, between 
married persons ? Must, in particular, betrothed and married 
persons avoid one another, and their respective kindred ? 

8. DISSOLUTION OF MARRIAGE 

Death of husband or wife. Must the survivor follow the de- 
ceased in death ? Mourning period ? Does the widow return to 
her family, or is she inherited by her husband's relatives (the so- 
called levirate) ? Inheritance of matrimonial property ? Must 
the widower pay the family of his deceased wife a fine ? Likewise 
when the bride-price has been paid over ? 

Divorce. Can either husband or wife dissolve the marriage at 
any time at pleasure ? Can the husband repudiate the wife ? 
Consequences ? Can the wife take refuge in her father's house ? 
Consequences ? Are there grounds for divorce (barrenness, 
etc.?) Forms of divorce ? Effect of divorce upon matrimonial 
property and upon offspring ? May divorced persons marry 
again ? 

9. Do special rules govern a second marriage, particularly in 
the marriage of a widow ? 

F. — Non-Marriage Relations 

Are any sexual relations outside of marriage sanctioned by 
custom ? ( Free sexual intercourse of young people before mar- 
riage.) Are girls prostituted before marriage? Public prosti- 
tutes? Wife-lending or exchange, etc.? Position of illegitimate 



Appendix 363 

offspring ? Is pederasty practised ? How is it considered ? Are 
there any men who act like women ? What is their position ? 

G. — Home-Life 

1. BIRTH 

Is the birth of a child celebrated by a feast ? Does such a cele- 
bration differ according to the sex of the child ? Must the 
parents of the mother or the father follow a certain diet and refrain 
from certain activities after the birth or during the pregnancy ? 
What reasons are given in such case? Do husband and wife 
live separate after the birth (during the lactation period) or dur- 
ing the pregnancy ? Must the wife be confined in the house of 
her husband or of her parents ? Are new-born children exposed 
or killed ? What happens at the birth of twins or of defective 
or deformed children or at the birth of children under unusual 
conditions ? Are deformed children brought up to special 
occupations? 

2. DEATH 

Is the place where death occurs deserted ? Are belongings of 
the deceased destroyed or given away to strangers ? Are presents 
made to the nearest relatives by their friends ? Is the corpse 
eaten ? Is burial forbidden in case the deceased have debts ? 
Is the person who buries the deceased liable for his debts ? 

3. YOUTH 

After whom are the children named ? Circumcision? Differ- 
ent kinds of circumcision ? What ceremonies and practices 
corresponding to circumcision are practised by women ? What 
reasons for circumcision are given? Effects of circumcision upon 
qualification for inheritance, marriage, carrying arms ; ceremo- 
nial ? Majority (time). Initiation ceremonial ? Tests of char- 
acter. 

4. women 

What rights have they? Can they (i) hold property, (2) in- 
herit, (3) testify in court ? Have they political rights ? 



3 6 4 The Family 

5. AGE AND ILLNESS 

Are old and sick people killed off ? Are they eaten ? What 
reasons are given for both customs ? 

INHERITANCE 

Who is entitled to inherit ? Do offspring or nephews inherit ? 
To what extent are women, slaves, chiefs, kings, entitled to inherit? 
Do husband and wife inherit from one another ? Order of in- 
heritance ? Does only one person inherit or is the inheritance 
divided ? Of what does it consist ? Are special kinds of prop- 
erty inherited according to a special order of inheritance ? Is the 
heir liable for the debts of him from whom he inherits ? Is there 
testamentary disposition ? 



INDEX 



Abercromby, 199 

Adoption, 112; indicative of desir- 
ability of offspring, 49; among 
Behring Strait Eskimo, 55, 70, 
259, Melanesians, 71, 260, 
Thompson River Indians, 73, 
Babylonians, 78, 263, ancient 
Romans, 85, 265, Wyandots, 
1 So, 295, Point Barrow Eskimo, 
259, Central Eskimo, 259, Ewe- 
Speaking Peoples, 260, ancient 
Arabs, 262, ancient Hindus, 
264. French, 265-6, in U. S A., 
266; a marriage restriction, 164, 
251, among Ewe-Speaking Peo- 
ples, 1 Si, ancient Romans, 188, 
French, 189; of wife, 193, 195, 
among Melanesians, 71 ; of hus- 
band, 195, among Behring 
Strait Eskimo, 70; among an- 
cestor-worshippers, 250 ; of war- 
prisoners, 250, among Wyan- 
dots, 259, Thompson River 
Indians, 261 
Adultery, belief that a twin-birth 
is due to, 46, formerly in Why- 
dah,56; punishment for, 1 16-17, 
143, among Veddahs, 122, Yah- 
gan, 122, Australians, 122, 
Behring Strait Eskimo, 125, 
Wyandots, 125, Melanesians, 
1 2 6, Ewe-Speaking Peoples, 127, 
Tshi-Speaking Peoples, 128, 
Yuruba-Speaking Peoples, 129, 
207, Thompson River Indians, 
130, Kabyles, 130, 131, 182, 
ancient Arabs, 131, 153, an- 
cient Hebrews, 132, Babyloni- 
ans, 133, ancient Hindus, 134, 
135, French, 135-6; test for, 
among Tshi-Speaking Peoples, 
129, Babylonians, 133; con- 
demned less than incest, 165; 
in patriarchate, 301 ; a wrong to 



wife, 330; to be equally con- 
demned in men, 350 

Affinity, a marriage restriction, 
164-5, among Thompson River 
Indians, 181,182, ancient Arabs, 
183, ancient Hebrews, 184, 
Babylonians, 185, ancient Hin- 
dus, 186, ancient Romans, 188, 
French, 188, in U. S. A., 189 

Age, discrepancy of, in marriage, 
63, 139, among Australians, 
37, Yahgan, 69, 177, Yoruba- 
Speaking Peoples, 73, Thomp- 
son River Indians, 73, 182, 
Point Barrow Eskimo, 179, 
ancient Hindus, 187 

Age at initiation, 31; among 
Yahgan, 36, Australians, 36, 
Thompson River Indians, 39, 
ancient Hindus, 41, ancient 
Chinese, 41; in matriarchal 
family, 279 

Age at majority, among ancient 
Hebrews, 41, ancient Romans, 
42, French, 42, in U. S. A., 

42-3 
Age at marriage, indicates age of 
filial independence, 30, among 
Veddahs, 35, Yahgan, 36, 
French, 42 ; distinction between, 
and age of reproduction, 30 N. 2 ; 
determined by initiation, 31, 
among Yahgan, 36, Thorn - 
son River Indians, 39; among 
Veddahs, 35, Australians, 36, 
Thompson River Indians, 39, 
ancient Chinese, 41, ancient 
Romans, 42, French, 42, in 
U. S. A., 43, among Tshi- 
Speaking Peoples, 72, ancient 
Hindus, 80, 187; as a factor in 
birth-rate, 51, 52-3; arbitrary, 
a check on sexual choice, 168; 
in primitive simple family, 268; 
in matriarchal family, 279; in 
patriarchal family, 299 ; modern 

365 



3 66 



Index 



postponement of, 330; problem 
of, 35 6 
Age at maternity, among Ved- 
dahs, 35, Point Barrow Eskimo, 

55 

Age at puberty, 30 N. 2, 268; 
among Yahgan, 36, Point Bar- 
row Eskimo, 37, Tshi-Speaking 
Peoples, 72 

Age-classes, 32, 34, 168: relation 
of, to exogamy, 174-5 

Age of consent, mU. S. A., 43, 358; 
defined, 117; in modern simple 
family, 328; in mediaeval mar- 
riage, 336; should be identical 
with legal age at marriage, 350; 
laws, 352 

Agriculturists, exogamy among, 
173; labour according to sex 
among, 222, 303; sedentary life 
of, leads to patronymy, 255; 
women primitive, 280, origin 
of matriarchate in this fact, 
285; patriarchal family among, 
302-3, 305; joint undivided 
family among, 303, 305 

Alimony, 142, 328; among ancient 
Arabs, 153, Babylonians, 157, 
French, 159 

Ancestor-worship, 306, 334; a 
form of parental control, 92-3; 
in second stage of parenthood, 
92-3; effect of, on wife, 197, 
200; beginnings of, 273, among 
Behring Strait Eskimo, 55, 291- 
3, Veddahs, 287, Yahgan, 288, 
Central Eskimo, 293-4, Melane- 
sians, 310-11; in matriarchate, 
281, in patriarchate, 300-2,306; 
among ancient Hindus, 264, 
320-1, Ewe-Speaking Peoples, 
311-12, Tshi-Speaking Peoples, 
312-13, Yoruba-Speaking Peo- 
ples, 313, Thompson River In- 
dians, 315-17, ancient Chinese, 
323-5; survivals of, 336. (See 
Property.) 

Anglo-Saxons, 4 

Animals, parental care among, 
21-3, 25; birth-rate among, 23- 
4; association among, 25; in- 
fanticide among, 25 AT. 1; 
sexual relations of, 113714, 
120, 137, 146, 161, 163; birth 
of, at propitious season, 114 

Animism, 95, 98, 270 

Arabs, ancient, 3, 40. 58, 75» IQ 8, 



131-2, 153-4, 183, 2ii, 237, 
262; ba'al and mot' a marriages 
of, 195 
Arabs, Hassinyeh, 141 N. 2 
Aryans, matriarchate among, 297, 

3°7»3?7 

Association, relation of, to evolu- 
tion, 21. (See Animals.) 

Atkinson, 173, 256 

Australians, 2, 36-7, 54-5, 69, 
103-4, 122-4, 148-9, 170, 177- 
8, 203-4, 231, 258, 288-9; 
original promiscuity among, 
147; alleged group marriage of, 
148; marriage-classes of, 168, 
175-6, 177-8; reckoning of 
descent among Arunta, 248, 
255 ; tribal government of, 283 ; 
burial practices of, 283 

Avoidance ceremonial, 98, 116, 
166, 174, 229; an incest regula- 
tion, 170; among Melanesians, 
180, ancient Chinese, 187, 188 

Avunculate, 113, 279-80, 281, 
282; among Melanesians, 38, 
309-10, Wyandots, 294, Ger- 
mans, 308, survivals of, 298, 
among Ewe-Speaking Peoples, 
311, Tshi-Speaking Peoples, 
312 

B 

Babylonians, 3, 41, 77-9, 108-9, 
133-4, 155-7. i 8 5. 212-13, 
238-9, 263 

Bachofen, 101, 146, 254, 286, 
297 N. 1 

Baden- Powell, 306 

Balch,i9 

Baldwin, James Mark, 99 

Baldwin, William H., 337 

Barrenness, a cause of divorce, 49, 
120, 142, among Babylonians, 
156, ancient Hindus, 157; due 
to unhygienic practices, 51, 
among Australians^ 55; dis- 
graceful among Tshi-Speaking 
Peoples, 56, Yoruba-Speaking 
Peoples, 57; voluntary, 120 
(see Conception)', believed to be 
due to unchastity before pu- 
berty among Tshi-Speaking 
Peoples, 128; a ground for 
taking second wife, 139 

Bartels, 30 N. 2, 52, 121 

Barth, 34, 342 

Barton, 8 



Index 



367 



Bernhoft, 173, 200, 255 

Betrothal, before birth, 62, 165, 
among Australians, 37, 177, 
Behring Strait Eskimo, 70, 
Ewe-Speaking Peoples, 71, 
Tshi - Speaking Peoples, 72; 
gifts, 62-3, among ( Behring 
Strait Eskimo, 70, Ewe-Speak- 
ing Peoples, 71, 206, Tshi- 
Speaking Peoples, 72, ancient 
Chinese, 216; bride-price at, 
62-3, 65, among Melanesians 70; 
genesis of, 68 ; distinguishes be- 
tween wife and concubine among 
ancient Chinese, 84; indicates 
demand for chastity, 116, 121, 
among Yoruba-Speaking Peo- 
ples, 129; violation in case of, 
especially punished, 117, among 
ancient Hebrews, 133; cere- 
monial suggests preferred traits, 
161; reserve during, among 
Melanesians, 206, ancient Chin- 
ese, 219; among Thompson 
River Indians, 207, ancient Hin- 
dus, 214. (See Infant betrothal.) 

Betrothal visits, 62, 196; among 
Yahgan, 36, Melanesians, 71 

Birth-rate, relation of, to infant 
death-rate, 23, 33, among dif- 
ferent economic classes, 34, 352, 
among college and non-college 
bred women, 34; among fish, 
amphibia, reptiles, birds, and 
mammals, 23-4; among apes 
and mankind, 24; advantages 
of diminished, 24; social checks 
on, 44-51, 52; distinction be- 
tween refined and crude, 50 .V. 
1 ; rises after period of economic 
depression, 51; analysis of, 52; 
among Veddahs, 53, Yahgan, 
53, Point Barrow Eskimo, 55; 
maximum, periodic, 114; in 
primitive simple family, 268; 
in patriarchate, 298 

Birth taboos, 95, 100 

Bishop, 4 

Blackstone, 4 

Blood-feud, 270, 275-6, 277, 283; 
among Kabyles, 130. 317-18, 
Yahgan, 288, Behring Strait 
Eskimo, 293, Central Eskimo, 
294, Ewe-Speaking Peoples, 
311, 312, Thompson River In- 
dians, 317, ancient Hebrews, 
320, ancient Chinese, 322 



Boas, 2, 297 N. 2 

Booth, 27 N. 3, 34, 68, 99, i2i, 

Borough-English, 94 

Brandt, 337 

Bride, repudiated for unchastity, 
116, among Ewe-Speaking Peo- 
ples, 127, Tshi-Speaking Peo- 
ples, 128, Yoruba - Speaking 
Peoples, 129, ancient Hebrews, 
132, ancient Hindus, 134; not 
allowed to work, 226, among 
Thompson River Indians, 208 

Bride-lifting, 191; among Melan- 
esians, 70; not a rape symbol, 
201 

Bride-price, 62, 63, 65, 66, 68, 
167, 194; paid in instalments, 
65, among Melanesians, 70; a 
due to bride, 66, 138, among Ba- 
bylonians, 79, ancient Hindus, 
79; among Melanesians, 70-1, 
Ewe-Speaking Peoples, 71, 206, 
Tshi-Speaking Peoples, 72, Ka- 
byles, 75, 130, 131, 182, 210-11, 
235, Babylonians, 78, ancient 
Hindus, 79-80, 213; ancient 
Hebrews, 212, forfeited by 
unchaste bride, 116, among 
Melanesians, 126, Ewe-Speak- 
ing Peoples, 127, Tshi-Speaking 
Peoples, 128, Yoruba-Speaking 
Peoples, 129; paid by second to 
first husband, 116 N. 2, among 
Ewe-Speaking Peoples, 127, 
Tshi-Speaking Peoples, 128, 
Kabyles, 131, 182; high, a fac- 
tor in polyandry, 140; forfeit in 
divorce, 142, 194, among Melan- 
esians, 150, Ewe - Speaking 
Peoples, 151, Tshi-Speaking 
Peoples, 151, Kabyles, 152, Yo- 
ruba - Speaking Peoples, 207; 
factors in, 161, among Kabyles, 
182; fossils, 192; wife's labour 
in return for, 226, among Mel- 
anesians, 150; may be evidence 
of transition from matriarchate, 
297; in patriarchate, 299. (See 
Dower, Dowry, Kinsfolk, Mar- 
riage by purchase, Reipus, Social 
fictions.) 

Brieux, 331 N. 2 

Brother, older, decides on initia- 
tion, 31-2, among Australians, 
36; duty of, to sister, 61 N. 1, 
among Kabyles, 75, Babylon- 



368 



Index 



Brother — Continued. 

ians, 79, ancient Hindus, 80, 
Yahgan, 203; disposes in mar- 
riage, 67, 268, 273, among 
Central Eskimos, 70, Austra- 
lians, 178, 203; -sister marriage, 
164, 167, among Veddahs, 170, 
176; elder, married before 
younger, 168, among ancient 
Hindus, 187; inherits brother's 
widows, 226, 273, among Ewe- 
Speaking Peoples, 181, Thomp- 
son River Indians, 182, 234, 
Melanesians, 232, a charac- 
teristic of matriarchate, 255, 
307; half-, half-sister marriage 
among Tshi-Speaking Peoples, 
181, ancient Hebrews, 184, 262, 
indicative of earlier kinship sys- 
tem, 249; inherits among Baby- 
lonians, 108, ancient Arabs, 237, 
Wyandots, 294, Ewe - Speak- 
ing Peoples, 311, Yoruba- Speak- 
ing Peoples, 313; inherits chief- 
taincy, 282, among Australians, 
288. (See Avoidance, Avuncu- 
late, Kinsfolk , Polyandry, Sister . ) 

Brotherhood covenant of, 250; 
among Behring Strait Eskimo, 
125, Wyandots, 259; results in 
polyandry, 139 

Brotherhood milk, 164, 250 

Bryce, 337 

Bundling, 121; among Thompson 
River Indians, 208-9 

Bushee, 53 

Butcher, 4 

Butler, 99 



Canon law, Kinship system in, 
252; subjection of wives due 
to, 292 N. 1 ; consent the essence 
of marriage in, 336; on domes- 
tic relations, 337 

Celibacy, penalised, 49 ; military, 
a check on birth-rate, 51, in 
Dahomi, 56, a check on sexual 
choice, 167 ; of poverty, 51, 168; 
religious, 171, a check on birth- 
rate, 51, among ancient Hindus, 
58, a factor in polygamy, 140, 
a check on sexual choice, 167, 
accompanied oy promiscuity, 
336; a sin, 301; condemned by 
Protestantism, 335 



Chastity, relation between and 
betrothal, 68, 116; secured 
through infibulation, 97, 98; re- 
quired of men, 115, 116, 330, 
344; required of girls 115, 116, 
among Tshi-Speaking Peoples, 
128, ancient Hindus, 134; relig- 
ious, 119, 121; among Ewe- 
Speaking Peoples, 7 1 ; marriage 
by purchase, a factor in, 194, 
199; in Christianity, 334. (See 
Bride, Bride-price, Unchastity.) 

Chief, among Melanesians, 70, 126, 
1 50, Ewe-Speaking Peoples, 127, 
150, 312, Tshi-Speaking Peo- 
ples, 128, 129, 233, 312, Yoruba- 
Speaking Peoples, 233, 313, 
Wyandots, 295, 296, Thompson 
River Indians, 314; consent of, 
to marriage, 168; lack of, in 
primitive tribe, 272; in matri- 
archate, 282; becomes a king, 
304 (See King.) 

Chief tancy, not hereditary among 
Thompson River Indians, 314, 
Melanesians, 105 

Child- labour, among Australians, 
36, Point Barrow Eskimo, 37, 
69, Central Eskimo, 38, Ewe- 
Speaking Peoples, 38; in civil- 
isation, 68, 329, in U. S. A., 88; 
counteracts infanticide, 45; a 
factor in desirability of off- 
spring, 48; an expression of 
parental mastery, 60; is child- 
training, 92 ; in second stage of 
parenthood, 92; laws, 332,352, 
358 

Child-marriage, among Behring 
Strait Eskimo, 37, Kabyles, 40; 
leads to father-son polyandry, 
139; a check on sexual choice, 
168, 169; voided in canon law, 
336 

Child-pawning, 60; among Ewe- 
Speaking Peoples, 71, Tshi- 
Speaking Peoples, 72, Baby- 
lonians, 77-8. (See Child-sel- 
ling.) 

Child-rearing, social service of, 
343, 355, 356; not incompatible 
with productive activity, 346- 
7; for personal development, 

354 
Children, feeding of, 33 ; lucky and 
unlucky, 52 ; belief in reincarna- 
tion of, among Australians, 5 4; 



Index 



369 



eaten by Behring Strait Eskimo 
(?), 55, Central Eskimo, 70, 
ancient Hebrews, 76; sacrifice 
of, among Yahgan, 69, Tshi- 
Speaking Peoples, 72, Yoruba- 
Speaking Peoples, 73, ancient 
Hebrews, 76; killing of, in 
Luritcha tribe, 6q ; composition 
of, 276. (See Lactation, Off- 
spring, Parental affection, ct sq.) 

Child-selling, a factor in desira- 
bility of offspring, 49 ; an ex- 
pression of parental mastery, 
etc., 60, among Melanesians 70, 
Ewe-Speaking Peoples, 7i,Tshi- 
Speaking Peoples, 72, ancient 
Romans, 84, ancient Hindus 
264; under special circumstan- 
ces, 60, among ancient Hebrews, 
76, Babylonians, 77, 78, ancient 
Romans, 85; repeated, leads to 
emancipation, 60, among an- 
cient Romans, 84-5 ; only in 
rase of daughters, 61, among 
Melanesians, 70; forbidden by 
ancient Hindus, 79 

Chinese, ancient, 3, 41, 80-4, 109- 
11, 158, 187^8, 2 1 £-19, 240-1, 
264-5, 322-6 

Christianity, influence of, upon 
family, 333-60 

Circumcision, at initiation, 31, 
among Australians, 36; among 
Kabyles, 40, Australians, 104, 
Melanesians, 106; may indicate 
parental interest, 97 ; origin and 
meaning of, 102; thought ne- 
cessary for good of wife, 197 

Clan, origin of, 2S6, 307 ; among 
Yeddahs, 287 ; property among 
"Wyandots, 295; survivals, 306, 
among ancient Romans, 338; 
disintegration of, 308-9. (See 
Exogamy, Phratry, Tribe.) 

Clan, matriarchal, 267 ; not distin- 
guished from compound family, 
277, among Wyandots, 295-6 

Clan, matronymic, 175, 278, 
among Tshi - Speaking Peoples, 
260 

Clan, patriarchal, 267; functions 
of, among Kabyles, 152; not 
distinguished from compound 
family, 277; among ancient 
Chinese, 325-6 

Clan, patronymic, 278 

Clan, totem, 176, 253, 267, 269-71 ; 



among Australians, 177; rela- 
tion of, to primitive horde, 270, 
272 ; to primitive simple family, 
271; to compound family, 
277 ; to matriarchal family, 281- 
2 ; to phratry, 284-5 

Clapperton, 356 

Classificatory system , see Kinship 

Clews, 15 N. 1. (See Parsons.) 

Club-houses, 29; among Melan- 
esians, 38 

Codrington, 2 

Co-education, 332, 337, 358 

Composition, 270, 276, 282, 300; 
among Kabyles, 130, 317-8, 
Yahgan, 288, Ewe-Speaking 
Peoples. 311; for wife goes to 
her kindred, 195 ; compensation 
for bride-stealing origin of, 
201; less for women than for 
men, 228 

Conception, postponement of, 30 
A'. 2, 44, 49; conditions under 
which prevention of, occurs, 40- 
5o. 333» 35L 354, 357. should 
occur, 349, 352; magic, among 
Australians, 54-5, 288 

Concubinage, among Babylonians, 
79, 155, ancient Chinese, 84, 
158, Yoruba-Speaking Peoples, 
129, 151, Ewe-Speaking Peo- 
ples, 151, 233, Tshi-Speaking 
Peoples, 151, ancient Hebrews, 
154, 155, ancient Hindus, 157; 
defined, 137-8; male, 139; af- 
fects status of offspring, 144, 
among ancient Hebrews, 155; 
different degrees of subjection 
among wives in, 196; slavery a 
substitute for, 223, 230: in 
patriarchate, 298. (See Dowry, 
Head-wife, Parenthood juridi- 
cal, Polygyny.) 

Conjugal absi.nence, during lac- 
tation period, 27, 95, 96, 197, a 
check on birth-rate, 50, among 
Ewe -Speaking Peoples, 106, 
Yoruba-Speaking Peoples, 106, 
Kabyles, 108, ancient Chinese, 
no, in; an indirect cause of 
foeticide, 47 , during pregnancy 
47, 95, 96. 197, among Ewe- 
Speaking Peoples, 106; after 
child - birth among Thompson 
River Indians, 50, 108; after 
birth of tenth child among Tshi- 
Speaking Peoples, 56, during 



37o 



Index 



Conjugal Abstinence — Continued. 
son's initiation among Austra- 
lians, 104; a factor in polygyny, 
140; on a religious occasion 
among ancient Hebrews, 212 

Conjugal sympathy, 197, couvade 
an expression of, 101 ; sex segre- 
gation a check on, 198; among 
Veddahs, 202, Yahgan, 203, 
Point Barrow Eskimo, 204, 
Ewe-Speaking Peoples, 207, 
Thompson River Indians, 209, 
ancient Hindus, 214-15, 240, 
ancient Chinese, 215, 217, in U. 
S. A., 221, among ancient He- 
brews, 237, in modern simple 
family, 332 

Consanguine family, 256 

Coulanges, De, 306 

Courtship, 170; significance of, 
161; initiative in, 166, among 
Australians, 203-4, Thompson 
River Indians, 208 ; among Yah- 
gan, 176, Point Barrow Eskimo, 
178-9, Central Eskimo, 179, 
Thompson River Indians, 208- 

„ 9 • 

Cousin, marriage, 164, among 

ancient Hebrews, 184, 185, 

ancient Romans, 188, in U. S. 

A., 189; meaning of term in 

classificatory system, 251. (See 

Kinsfolk.) 

Couvade, 95-6, 100; origin and 
meaning of, 100-1, 307; among 
Yahgan, 103, Melanesians, 106; 
for good of wife, 197 

Crawley, 33, 100, 101, 102, 148, 
172, 173, 174, 199. 200, 201, 

257 
Crooke, 201 
Cunow, 2, 68, 175, 176, 254, 256, 

283, 285 

D 

Danks, 2 

Dargun, x, 101, 201, 252, 253, 
254, 255, 282, 283, 297 N. 1, 
305, 308 

Darwin, 120, 146, 171 

Daughter, less desired than son, 
47; prostitution of, 49, 62, 118, 
among Hebrews, 76-7, Melan- 
esians, 126-7; parental power 
greater over, than son, 61: 
inheritance of, 225, 281, among 
Babylonians, 78-9 108, ancient 



Hindus, 80, 240, in highest 
stage of parenthood, 93, among 
Melanesians, 105, 232, Yo- 
ruba - Speaking Peoples, 106, 
ancient Arabs, 108, 237, in 
U.S. A., in, among Behring 
Strait Eskimo, 232, Thomp- 
son River Indians, 234, 315 an- 
cient Romans, 242, Wyandots, 
294, ancient Hebrews, 320, 
inequality of, 94, among Ka- 
byles, 235, 236, ancient Arabs, 
237; liable for crime by father, 
117, among Babylonians, 251; 
Son of appointed, 260, among 
Hindus, 264, meaning of term 
in classificatory system, 78; 
precluded from productory, 329. 
(See Father, Guardianship, In- 
fanticide, Mother, Offspring, 
Parental affection, et sq.) 

Defloration ceremonial, 118; 
among Australians, 124 

Delbruck, 308 

Deniker, 2, 8. (See Yahgan. 

Descent through both parents, 
among Yahgan, 258, Yoruba- 
Speaking Peoples, 261, Thomp- 
son River Indians, 261 ; in prim- 
itive simple family, 268; in 
modern simple family, 327 

Dinwiddie, 19 

Disinheritance, 94; among Baby- 
lonians, 109 

Divorce, residence in, 30, 194, 196, 
among ancient Hebrews, 41, in 
U. S. A., 43, among Kabyles, 
152, 23 6, 319, Babylonians, 156; 
grounds for, 49, 116, 117, 142, 
143, among Ewe- Speaking Peo- 
ples, 127, 151, Tshi-Speaking 
Peoples, 128, 151, 26i,Yoruba- 
Speaking Peoples, 129, 207, 
Thompson River Indians, 130, 
Kabyles, 130-1, 152, French, 
135, 159, in U. S. A., 136, 160, 
among Point Barrow Eskimo, 

149, Behring Strait Eskimo, 

150, Central Eskimo, 150, 206, 
ancient Arabs, 153, ancient 
Hebrews, 155, Babylonians, 
156, ancient Hindus, 157, an- 
cient Chinese, 187-8, tend to 
increase, 331: optional, 116 N, 
2, among Melanesians, 142, 
150; remarriage after, 117, 143. 
196, among Point Barrow Es- 



Index 



37i 



kimo, 149, Kabyles, 152, an- 
cient Arabs, 154, ancient He- 
brews, 155, Babylonians, 157, 
French, 159, 242, Ewe-Speaking 
Peoples, 207, in modern simple 
family, 331; obligatory for 
adultery among Kabyles, 130, 
precluded through slandering 
or violating bride among an- 
cient Hebrews, 132, 133; ac- 
companies monogamy, 141; af- 
fected by existence of offspring, 

142, 143, 144, among Baby- 
lonians, 155, 157; not affected 
331, 351, among Hebrews, 155; 
right of, not reciprocal, 143, 
329, among Kabyles, 151, an- 
cient Hindus,^ 158; procedure, 

143, among Kabyles, 152, an- 
cient Arabs, 153, ancient He- 
brews, 155 ; disposal of^off spring 
in, 144, 279, among Ewe-Speak- 
ing Peoples, 151, Kabyles. 152- 
3, Babylonians, 157, French, 
159-60, 'in U. S. A., 160, among 
Yahgan, 288, in patriarchate, 
300, in modern simple family, 
331; in London, 145, U. S. A., 
145, Europe, 146, among Yah- 
gan, 148, Kabyles, 15 1-3, an- 
cient Arabs, 153-4, ancient 
Chinese, 1 58, in primitive sim- 
ple family, 268; in matriarchal 
family, 279; in patriarchal fam- 
ily, 300; increasing, 331, 337; 
a tncnsa et thoro, 331; anti- 
agitation, 334 N. 1, 357'. fac- 
tors to be considered in, law, 
3 50-1 . (See Bride-price Dowry.) 

Divorced women, remarriage of, 
64. among Kabyles, 75, 131, 
Ewe - Speaking Peoples, 127, 
Tshi-Speaking Peoples, 128, an- 
cient Hindus, 158; property of, 
66, among Kabyles, 152, in 
U. S. A., 160; as prostitutes, 
118, among Melanesians, 196; 
prejudice against, 331 

Dower, 66, 68, 191, 192; in Eng- 
lish law, 66 N. 1, American 
law, 247; among ancient Arabs, 
1 3 1-2, 153, 183, Babylonians, 
213, 238, Hindus, 213, 240, Ka- 
byles, 235; forfeit in divorce, 
142, among ancient Arabs, 153, 
Babylonians, 156. (See Mar- 
riage gifts.) 



Dowry, 66, 67, 68, 191, 192, 225, 
227; slave-girls as, 138-9, 223, 
among Ewe-Speaking Peoples, 
71, 151,233, Tshi-Speaking Peo- 
ples, 73, 151, ancient Hebrews, 
77; controversy over, among 
Kabyles, 75; among ancient 
Arabs, 75, ancient Hebrews, 77, 
Babylonians, 78-9, 213, 238, 
239, French, 88, 243, 244, an- 
cient Hindus, 213,240, Kabyles. 
235; through prostitution, 118; 
forfeit in divorce, 142, among 
Babylonians, 156, 157, ancient 
Chinese, 158. (See Marriage 
gifts, Matrimonial property.) 

Dugdale, 355 

Durkheim, 174, 175, 285 



Education, in the college, hi; for 
marriage and parenthood, vii- 

viii, 343» 347> 35 2 -3>. 35 6 ; 
relation between economic, and 
parental care, 28-9; social, and 
filial dependence, 29; at initia- 
tion, 31, among Yahgan, 36, 
Australians, 36-7; according to 
sex, 32, 98, among ancient Chi- 
nese, no; relation between 
family structure and, 34; eco- 
nomic, among Australians, 36 
103, Point Barrow Eskimo, 37, 
Central Eskimo, 38, Thomp- 
son River Indians, 39-40, Yah- 
gan, 103, ancient Chinese, no; 
of offspring, a parental obliga- 
tion among Kabyles, 40, French, 
159; higher, and race-suicide, 
53; imitation a method of, 
90-2 ; agents of, outside family 
99, among ancient Chinese, no, 
in U. S. A., in ; taboo upon, in 
sex matters, 116 (see Sex hy- 
giene); need of data for a 
system of national, 342 

Ellis, A. B., 3 

Ellis, Havelock, 357 

Elopement, 63, 191; among Yo- 
ruba-Speaking Peoples, 73, 
Thompson River Indians, 74; 
leads to patron ymy, 255 

Emancipation of offspring, in 
French law, 42, 86, Roman 
law, 84-6 



372 



Index 



Endogamy, 163-5; required of 
heiresses, 93-4, 164, 165, among 
ancient Hebrews, 185; race, 
163, among Tshi - Speaking 
Peoples, 181, Thompson River 
Indians, 181, Kabyles, 182, 
ancient Hebrews, 183, ancient 
Romans, 188, in U. S. A., 189; 
tribe, 164, among Australians, 
177, Wyandots 179, Kabyles, 

182, ancient Hebrews, 183-4, 
ancient Romans, 188; district, 
166; clan, 166; caste or class, 
166, among Thompson River 
Indians, 182, Kabyles, 183, an- 
cient Hindus, 186; a policy of 
isolation, 172; among Veddahs, 
176, Yahgan 177, Behring 
Strait Eskimo, 179, ancient 
Hebrews, 184; name, 305 

Engelmann, 53 

English law, dower in, 66 N. 1 ; 
marriage and divorce in, 337 

Eskimo, 2, 37-8, 55-6, 69-70, 
104-5. 124-5, 149-5°. i7 8 -9. 
204-6, 231-2, 258-9, 290-4 

Ethics, distinct from history of 
family, vii, 340 

Ethnic society, defined, 32; solid- 
arity of kinship in, 32, 61 ; pro- 
perty in. 93 N. 2, 274, blood- 
feud in, 2 75; transition from, 3 04 

Ethnographers, shortcomings of, 
33, 64, 98, 162 N. 3, 198, 272, 
276; need of women, 162 N. 3, 
198 N. 2 

Eugenics, 344, 356 

Ewe-Speaking Peoples, 3, 56, 71, 
106, 127-8, 150-1, 180-1, 206- 
7, 233, 260, 311-12 

Exogamy, 163-5; clan, 164, 169- 
70, 171, 198 N. 4, 281-2, origin 
of, 175, Australian marriage 
classes outcome of, 175, among 
Australians, 178, Wyandots, 

179, Ewe -Speaking Peoples, 

180, Tshi - Speaking Peoples, 
181; district, 166, among 
Thompson River Indians, 181; 
tribe, 166, leads to clans, 286; 
origin of, 172-3; form of sex- 
ual taboo, 174; a means of 
selection, 174; among Behring 
Strait Eskimo, 179, Central Es- 
kimo, 179, Yoruba- Speaking 
Peoples, 181, ancient Arabs, 

183, ancient Hindus, 186, an- 



cient Romans, 188, French, 
188, in U. S. A., 189, among 
Melanesians, 259-60 ; sometimes 
sole effect of matronymy, 248; 
leads to matronymy, 253; a 
convenience in, 254; classifica- 
tory system a method of, 256; 
relation of, to totemism, 270; 
phratry, 271 ; name, 305, among 
ancient Chinese, 187, 216; pre- 
scribed by medieval church, 
336. (See Totemism.) 



F 



Family, appropriate to elemen- 
tary sociological study, iv; 
originates in need of parental 
care, 20-1; defined, 21 A r . 1; 
relation of, to evolution, 21; 
confusion between physiologi- 
cal and social facts in, 21 N. 2; 
compound, 30, 61, 267, 273-8, 
283; relation between socia- 
bility and, 34 ; relation between, 
structure and education, 34; 
discourages individual varia- 
tion, 91; criterion of high type 
of, 91, 340, 355; differentiation 
of home education according 
to sex affects, organisation, 98 
primitive simple, 267-73, 2 & 2 
modern simple, 267, 327-36 
joint, undivided, 302, 303-4 
influence of religion on, 333-4 
354; of the future, 355. (See 
Matriarchate, Patriarchate.) 

Fasting, at initiation among Yah- 
gan, 36, Thompson River In- 
dians, 39; at majority among 
Kabyles, 40; by parents, 96-7, 
among ancient Hebrews, 108, 
ancient Chinese, no. (See 
widow.) 

Father, decides on time for initia- 
tion, 31-2; death of, cause of 
infanticide, 45; consent of, 
necessary to infanticide, etc., 
47-8, among Kabyles, 57-8, 
ancient Romans, 59; requires 
infanticide, etc., 48; purchases 
right to offspring, 297, among 
Ewe-Speaking Peoples, 71; 
can sue for daughter's seduc- 
tion in U. S. A., 88, among an- 
cient Romans, 135; superior 
rights of, in modern simple 



Index 



373 



familv, 327, among French, 87, 
338, in U. S. A., 88, 339. (See 
Couvade, Divorce, Education, 
Offspring, Parental affection, et 
sq.,Patria Potestas, Patriarchate, 
Patronymy.) 

Fe"re\ 25 N. 2, 101 

Fernow, 4 

Fertility, a success-winning char- 
acter, 2 1 ; relation of, to mor- 
tality, 23; purposive checks on, 
30 N. 2, 44-50; social factors in 
human, 33 ; charms or rites, 
49, among Ewe-, Tshi-, and 
Yoruba-Speaking Peoples, 56, 
57, Thompson River Indians, 

57, ancient Hindus, 58; sig- 
nificance of rewards for, 49, 
among ancient Romans, 59; 
indirect social checks upon, 
50-1, 52, in France, 52, U. S. 
A., 53 

Fertilisation, without contact 
among certain species of fish, 
21 ; internal, 22 

Field-work, plan for, 9-19 

Filial affection, among Veddahs, 3 5 

Filial obligation, 60-1; among 
ancient Arabs, 75, ancient He- 
brews, 75-6; ancient Hindus, 
79, ancient Chinese, 80-3, 109- 
10, 325, French, 86; a sense of, 
a social asset, 92, 100; preached 
by Christianity, 335 

Fiske, 20, 25, 34 

Fison, 255 

Flach, 253 

Foeticide, 52; indicates increase 
in parental sympathy, 44, 47 
N. 1 ; causes of, 47 ; condemna- 
tion of, favours prevention of 
conception, 49; among Thomp- 
son River Indians, 57, Kabyles, 

58, ancient Arabs, 58, 153, 
ancient Hindus, 58, in primitive 
simple family, 268, in matri- 
archal family, 279; condemned 
in patriarchate, 298-9, 301; a 
felony, 333 

Fosterage, among superior eco- 
nomic classes, 26; on death of 
mother, 26, among Yahgan, 54; 
among Babylonians, 41 ; a mar- 
riage restriction, 164, among 
ancient Arabs, 183 

Foundling asylum, index of pre- 
valence of exposure, 47 



Frazer, 34, 171, 176, 253, 283, 

284, 285, 304 
French, 4, 42, 135-6, 158-60, 

188-9, 220, 265-6, 338-9 
Friedrichs, 52, 285 
Furnivall, 68 



Gaius, Institutes of, 4. (See Ro- 
mans, ancient.) 

Galbraith, 356 

Galton, 344, 356 

Gavel-kind, 94. (See Inheritance.) 

Geddes, 357 

Gerontocracy, 272 ; among ancient 
Hebrews, 76, 132, 262, 320, 
Veddahs, 287, Behring Strait 
Eskimo, 290; affects filial rela- 
tions, 90 N. 1 ; controls familial 
relations, 143, 168, among Aus- 
tralians, 175, 178 

Giddings, x, 27 N. 3, 34, 172, 282 

Gillen, 2, 121, 145, 147. (See Aus- 
tralians.) 

Giraud-Teulon, 307 

Glasson, 4 

Gods, family, among Tshi-Speak- 
ing Peoples, 56, 207, 233, 312, 
313, Yoruba-Speaking Peoples, 
313, ancient Hebrews, 320 

Gomme, 284 

Greeks, ancient, 4 

Groom-price, 67 

Groot, De, 3, 306 

Grosse, 173, 202, 230, 253, 255, 
282, 297 N. 1, 305, 307, 309 

Group control, 46, 98, 99, 113, 

143, 168, 276; among Melanesians, 

56, 180, Thompson River Indians, 

57, 107, ancient Romans, 59, 135, 
ancient Chinese, 80, French, 87, 
189, Wyandots, 125, 294, in 
U.S. A , 136. 189, among Austra- 
lians, 149, 177, Babylonians, 185, 
213, 239, ancient Hindus, 187, 
Kabyles, 211, Behring Strait Es- 
kimo, 290, Central Eskimo, 294; 
in modern simple family, 328-9, 

33°, 33 1, 33 2 - 333- ( See Chief 

gerontocracy, gynocracy, Horde, 

King, Village Annals.) 

Group-marriage, among Austra- 
lians (as alleged), 123, 148, 149, 
177, 178; defined, 137; com- 
bines with individual marriage, 
137; anteceded individual mar- 



374 



Index 



Group-marriage — Continued 
riage, 146, 147, 307; a result of 
marriage classes, 147 : levirate a 
possible survival of , 256; classi- 
ficatory system based on, 256; 
in primitive horde, 267 N. 1 

Guardianship, 67; in Roman law. 
32 N. 2, 42. 59, 85, 338; in 
ethnic society, 61, 67; among 
French, 338-9, in U. S. A., 339. 
(See Parental care, Kinship.) 

Gynocracy, 229, 282; among 
Wyandots, 180, 294-6; theory 
of, 286; a trace of, among Ved- 
dahs, 287 



H 



Hall, 34, 53, 355. 35» 

Hammurabi, code of, 3. (See 
Babylonians.) 

Hand-fasting, 141 

Hanoteau, 3. (See Kabyles.) 

Hardy, 341 

Harper, 3 

Harris, 337 

Head-man, among Australians, 
178, 288-9, Veddahs, 287, Behr- 
ing Strait Eskimo, 290, Central 
Eskimo, 293 

Head-wife, 138; distinguished by 
bride-price, 66; son of, inherits, 
94; the first, 138, among Wyan- 
dots, 150, Ewe- and Yoruba- 
Speaking Peoples, 151 ; home of 
husband with, 139; not as sub- 
servient as other wives, 196; 
alone officiates at rites, 197, 
among ancient Hindus, 58, 157, 
ancient Chinese, 188, in patri- 
archate, 302; consulted among 
Ewe-Speaking Peoples, 207 

Hearn, 200, 306 

Hebrews, ancient, 3, 41, 58, 75-7, 
108, 132-3, 183-5, 211-12, 237, 
262-3, 3 I 9 -2 °! filial subordina- 
tion of, propagated by Christ- 
ianity, 335 

Hellwald, 101, 120, 145, 146, 147, 
172, 199, 200, 254, 286 

Herders, labour according to sex 
among, 229, 303; migratory 
life of, leads to patronymy, 255 ; 
patriarchal family among, 302- 
3» 3°5'» joint undivided family 
among, 303 



Hereditary occupations, 92,119; 

among ancient Chinese, no 
Hervieu, 331 N. 2, 333 N. 1 
Herzfeld, 19 

Hildebrand, 201, 306, 307 
Hindshaw, 355 
Hindus, ancient, 3, 41, 58, 79-80, 

109, 157-8, 185-7, 213-15, 239- 

40, 263-4, 320-2 
Holt, 19, 33 
Horde, primitive, 267, 270, 271, 

272; among Australians, 177, 

289, theory of, 283-4 

House-community, 277, 281, 302, 
305; among Yoruba-Speaking 
Peoples, 313, Thompson River 
Indians, 314 

Howard, x, 4, 145, *99> 3°6, 338, 
358 

Howitt, 2, 147, 170, 200, 255, 283 

Hunter, 19 

Husband, death of, cause of in- 
fanticide, 45, among Yahgan, 
54; wish to spite, cause of foeti- 
cide, 47 ; can sue for attempted 
rape of wife, among ancient Ro- 
mans, 135; will of, determines 
rank of wives, 138; punishment 
for murder of, among Kabyles, 
211, Babylonians, 213; has right 
to fix domicile, among French, 
220, in U. S. A., 220; controls 
dotal property, 225, 227, 328, 
among ancient Romans, 241-2, 
French 243-4; administers pro- 
perty under community system, 
225, 328, among French, 243; 
inherits, 227, among Yahgan, 
231, Kabyles, 235, ancient 
Arabs, 237, ancient Hindus, 
240, in U. S. A., 246; has right 
to wife's earnings among an- 
cient Hindus, 239, ancient Ro- 
mans, 241, among French, 242, 
in U. S. A., 221; the household 
head in modern simple family, 
329. (See Adoption, Conjugal 
abstinence , Conjugal sympathy, 
Marital discipline, et. sq., Mat- 
rimonial property, Residence t 
Wife.) 

Husband-purchase, 67 

Huth, 170 

Huxley, 340 N. 1 

Hyades, 2. (See Yahgan.) 



Index 



375 



Ibsen, 332 

Iliad, 4 

Illegitimacy, a cause of infanti- 
cide, 46, 4S, 119, among 
Kabyles, 57; a cause of foeti- 
cide, 47, 48; a factor in infant 
mortality, 52, 112, in case of 
no bride-price, 66; attitude of 
society towards, 119-20, among 
ancient Hebrews, 132, 155, 
French, 136, 265, in U. S. A., 
160, among ancient Hindus, 
264; rare among Melanesians, 
126; matronymy in, 249; proper 
attitude towards, 350 

Imitation, in education, 90-2, 99, 
268; relation of, to recapitula- 
tion, 91; among Australians, 

103, Point Barrow Eskimo, 

104, Ewe - Speaking Peoples, 
106, ancient Chinese, 109 

Incest, punishment for, 165, 
among Melanesians, 126, 180, 
Australians, 178, ancient He- 
brews, 184, 185, Babylonians, 
185, in U. S. A., 189, among 
Kabyles, 318; origin of aversion 
to, 173-4; classificatory system 
an, regulation, 256. (See Avoid- 
ance.) 

Individual variation, the key to 
natural selection, 20; lack of 
tolerance for, a cause of in- 
fanticide, 46, among Ewe- 
Speaking Peoples, 56; in rela- 
tion to family, 91, 93, 340-1, 
342; encouraged by kindergar- 
ten, 342 

Infancy, meaning of prolongation 
of, 20, 25; defined, 20; duration 
of, among animals, 22-3, in 
different stages of human par- 
enthood, 90, 92, 93; relation 
between environment and, 28- 
9, 34, 340-1. (See Age at in- 
itiation ct sq.) 

Infant-betrothal, 62. 63, 64, 68, 
168, 169, 199; among Yahgan, 
69, Point Barrow Eskimo, 70, 
Central Eskimo, 70, Melane- 
sians, 70, Ewe-Speaking Peo- 
ples, 71, Tshi-Speaking Peoples, 

72, Yoruba-Speaking Peoples, 

73, 129, Thompson River In- 
dians, 73 ; in matriarchal family, 



279; in patriarchal family, 299. 
(See Betrothal.) 

Infant death-rate, among poor of 
York, 34 ; high natural, precludes 
infanticide, 44; in civilisation, 
52; among Veddahs, 53, Yah- 
gan, 54, Thompson River In- 
dians, 57; in primitive simple 
family, 268 

Infanticide, 52; among animals, 
25 iV. 1 ; at death of mother, 26, 
44, 45, among Tshi-Speaking 
Peoples, 56, Thompson River 
Indians, 57; causes of, 44-59; 
for benefit of older child, 45; 
of twins, 45, 46, among Aus- 
tralians, 54, Yoruba-Speaking 
Peoples, 57; among primitive 
nomads, 45; female, 47, 61, 167, 
among Yahgan, 54, Behring 
Strait Eskimo, 55, Central Es- 
kimo, 56, ancient Arabs, 58, a 
factor in polyandry, 140, led to 
marriage by capture, 172, a 
result of exogamy, 172, in 
patriarchate 299; methods of, 
47 ; among Behring Strait Es- 
kimo, 55, Melanesians, 56, Tshi- 
Speaking Peoples, 56, Thomp- 
son River Indians, 57, ancient 
Arabs, 58; exposure a modifi- 
cation of, 47, among Behring 
Strait Eskimo, 55; punishment 
of, 48, among Thompson River 
Indians, 48, Kabyles, 57-8, an- 
cient Arabs, 58; usual within 
stated time after birth, 48, 
among Australians, 54; survi- 
vals of, 48, among Melanesians, 
56; not practiced by Veddahs, 
53; among Point Barrow Es- 
kimo, 55, Central Eskimo, 55-6, 
Melanesians, 56, Kabyles, 57- 

8, ancient Romans, 59; male, 
among Melanesians, 56; case of, 
among Ewe-Speaking Peoples, 
58; an expression of parental 
mastery, 60; in primitive simple 
family, 268; a sin ; 301; murder, 
333. (See Father.) 

Inheritance, facts of, enter into 
desirability of offspring, 49 ; in 
Roman law, 59, 338 (see 
Romans, ancient) ; women and, 
61 N. i, 93, 281 (see Widow)', 
among Babylonians, 78-9, 108- 

9, Veddahs, 103, 257,287,Cen- 



376 



Index 



Inheritance — Continued , 

tral Eskimo, 105, Melanesians, 

105, Ewe-Speaking Peoples, 

106, Yoruba-Speaking Peoples, 
106, ancient Arabs, 108, in U. 
S. A., no; of craft secrets, 92; 
in highest stage of parenthood, 
93 ; forms of, of patrimony, 
93-4: of totems, 269, 272, 
among Australians, 288; in 
primitive simple family, 272-3; 
in matriarchal family, 281; as 
an evidence of transition from 
matriarchate, 297-8, among 
Melanesians, 309-10; in patri- 
archate, 303 

Initiation ceremonial, nature of, 
31-2, 33-4: marriage prior to, 
forbidden, 31, among Yahgan, 
36; among Yahgan, 36, Austra- 
lians. 36-7, Thompson River 
Indians, 39-40. (See Age at 
initiation, Emancipation, Sex 
segregation.) 

Initiation fees, 29; among Point 
Barrow Eskimo, 37, Melan- 
esians, 38 

Irish, ancient, 4 



J 



James, ix N. 1 

Jealousy, a cause of infanticide, 
46; among Veddahs, 122, Yah- 
gan, 122, 148, Australians, 178, 
Melanesians, 206; an argument 
against original promiscuity, 
146; lack of observation of, 162 
N. 3; cause of exogamy, 173, 
284. (See Suicide for love.) 

Jevons, 52, 306 

Johnson, 121, 357 

Jus primus noctce, 121. (See De- 
floration ceremonial.) 

Justinian, Institutes of, 4. (See 
Romans, ancient.) 

Juvenile criminality, 355 



K 



Kabyles, 3, 40, 57-8, 74-5, 108, 
130-1, 151-3, 182-3, 210-11, 
2 35-7» 262, 317-19 

Kalevala, 200 

Kautsky, 121, 146, 172, 253, 254, 
255, 257, 282, 286, 309 

Keane, 8 



Keller, 4 
Kent, 4 

Kindergarten, 342, 355 
King, imposes fines among ancient 
Hindus, 79, 109, 134, 214; re- 
ceives tax from low prostitutes 
among Ewe- Speaking Peoples, 
128; may interfere for a seducer 
among Babylonians, 133, pun- 
ishes prostitutes among ancient 
Hindus, 135; among Tshi- 
Speaking Peoples, 151, 312, 
Yoruba-Speaking Peoples, 151, 
233, Ewe-Speaking Peoples, 
233, Babylonians, 238, ancient 
Chinese, 324, disposes in mar- 
riage, 168; assumes kinship 
functions, 276, 304, among 
ancient Hindus, 322; and vasu- 
right, 286. (See Group control.) 
Kinsfolk, consent of, necessary 
for infanticide, etc., 48, 279; 
require infanticide, 48; head, 61, 
92, 274, 304; duty of, to pro- 
vide bride-price, etc., 66, 67, 
275, among Tshi-Speaking Peo- 
ples, 128, Ewe-Speaking Peoples, 
207,Melanesians,3io,3ii ; claim 
of, on property, 66, 227, 275, 
among Thompson River In- 
dians, 74, 3 1 5, Kabyles, 235,317, 
318, Yoruba-Speaking Peoples, 
313, ancient Hebrews, 320, an- 
cient Romans, 338; consent of, 
to divorce, 143. (See Kinship .) 
Kinship, guardianship, a function 
of, 3°. 3 J > 3 2 > 61, 67,98,99, 113, 
144, I94-5. I 99- 275, 279, 
327-8, among Tshi-Speaking 
Peoples, 128, Kabyles, 153,318. 
Yoruba-Speaking Peoples, 207, 
Ewe-Speaking Peoples, 311, 
marriage restrictions correspond 
to notions of, 163, 269, among 
Tshi- and Yoruba-Speaking 
Peoples, 181, ancient Hindus, 
186; punishment a function of, 
165, 194, 275, among Kabyles, 
57-8, 130, 318, Australians, 69, 
ancient Hindus, 134, Ewe- 
Speaking Peoples, 312, Yoruba- 
Speaking Peoples, 313 ; systems, 
251-2, 253, meaning of classifi- 
catory system, 256-7, among 
Australians, 178, 258, Yahgan, 
258, Point Barrow Eskimo, 259, 
Ewe- and Tshi-Speaking Peo- 



Index 



377 



pies, 260, ancient Chinese, 265, 
ancient Romans, 265, in primi- 
tive simple family, 268-0; 
groups, 267, 282, traces of, 
304-5 ; mobility adverse to, ties, 
354 (See Blood-fcud.) 

Kohler, 146, 147, 201, 253, 256, 
307, 359 A'. 1 

Kovalesky, 306 

Krauss, 253, 305, 306 

Kropotkin, 25 

Kulischer, 146 

Kwakiutl Indians, 297 A r . 2 



Lactation, social causes of disuse 
of function of, 26-7, 45-6; hab- 
its vary from class to class, 27, 
among ancient Chinese, 41; 
need of observation of, habits, 
28 

Lactation period, among mar- 
supials, 22; among old-world 
monkeys, 23; longest in human 
species, 26; among lower type 
of hunters and fishers, 26, 268; 
among herders or tillers, 26; 
proper, in modern life, 27; 
among Yahgan, 35, Australians, 
36, Point Barrow Eskimo, 37, 
Central Eskimo, 38, Melan- 
esians, 38, Ewe- and Yoruba- 
Speaking Peoples, 38, Kabyles, 
40, ancient Arabs, 40, ancient 
Chinese, 41; infanticide due to 
prolonged, 45 ; prolonged, de- 
creases power to conceive, 50; 
characteristic of stages of par- 
enthood, 90, pregnancy during, 
injurious, 96; in primitive sim- 
ple family, 268; in matriarchal 
family, 279; in patriarchal 
family, 299. (See Conjugal ab- 
stinence.) 

Land, as a dowry among ancient 
Hebrews, 77, inherited among 
Melanesians, 105,232,309,310, 
ancient Hebrews, 237, Veddahs, 
257, 287; among Babylonians, 
238, 263, Australians, 289, 
Wyandots, 295, Ewe-Speaking 
Peoples, 311, Tshi-Speaking 
Peoples, 312, Yoruba-Speaking 
Peoples, 313, Thompson River 
Indians, 314-5; in primitive 
tribe, 271-2; in compound 



family, 274, 275; in ethnic 
society, 274, in patriarchate, 

_ 3° 3 

Lang, 4, 148, 176, 257, 284, 285 

Lavelaye, 305, 306, 308 

Lea, iai, 171 

Le Play, 305. 337 

Letourneau, 121, 145, 200, 201 

Letourneux, 3 . (See Kabyles.) 

Levasseur, 52 

Levirate, 165, 250, 253; origin of, 
255-6 ; among Yoruba-Speaking 
Peoples, 261, ancient Hebrews, 
262-3, ancient Hindus, 264; in 
patriarchate, 302 

Lex talionis, among Babylonians, 
78, ancient Hebrews, 320 

Lichtschein, 3 

Lifting-up ceremonial, precludes 
infanticide, 48; in patriarchate, 
249 ; among Tshi-Speaking Peo- 
ples, 260, ancient Chinese, 264 

Li Ki, 3, 100. (See Chinese, an- 
cient?) 

Lippert, 101, 102, 201 

Loeb, 230, 237 

Lubbock, 100, 141, 146, 172 174, 
200, 253, 256 



M 



McCullough, 355 

McLennan, 3, 52, 146, 172, 173, 
199, 200, 253, 254, 255, 256, 
283, 284, 286, 307 

Magic, 95, 96; among Australians, 
54-5, 104, 122, 123, 149, 
Thompson River Indians, 57, 
ancient Hindus, 58, inherit- 
ed by Melanesians, 105, 309, 
Thompson River Indians, 315. 
(See Animism, Totemism.) 

Maine, 60 N. 1, 256, 306, 307, 308, 

337 

Malthus, 53 

Manu, laws of, 3, 200. (See 
Hindus, ancient.) 

Marital discipline, 224; among 
Babylonians, 156, ancient Hin- 
dus, 157, 214, Ewe-Speaking 
Peoples, 207, Thompson River 
Indians, 209, ancient Arabs, 2 1 1 

Marital mastery, ownership, etc., 
118, 142, 199, 224, 230, 268; 
modified in dower and dowry, 
66; among Babylonians, 77, 
Yahgan, 203, Point Barrow 



378 



Index 



Marital mastery — Continued. 
Eskimo, 204, Tshi-Speaking 
Peoples, 207, Kabyles, 211, 
ancient Hebrews, 212, ancient 
Hindus, 214, 239, ancient Chi- 
nese, 215, 218, 240, ancient 
Romans, 219, 220, 240-1, 
French, 220, 242, in U. S. A., 
221; in patriarchate, 299, in 
modern simple family, 329; 
favoured by Christianity, 335; 
disadvantages of, 345-6 

Marital obligation, 197, 328; to 
pay wife's fine or debt, 228, 
among Ewe-Speaking Peoples, 
71, Yoruba- Speaking Peoples, 
233 Kabyles, 236, Babylonians, 
238; among Babylonians, 156, 
157, Thompson River Indians, 
209, Kabyles, 211, ancient 
Hebrews, 212, ancient Hindus, 
214, 230, ancient Chinese, 218, 
French, 220, in U. S. A., 221, 
245, among ancient Romans, 
242 

Marriage, factors postponing, 50- 
1; incumbent after a certain 
age, 63, 299; a vagary of legal, 
63 N. 1, 139-40; relation be- 
tween parenthood and, 112, 
144-5, 345-6; at set seasons, 
114; defined, 115, in Roman 
law, 158; forms of, 137, 145; lax 
and brittle, 141; sexual inter- 
course regulated in, 162 N. 3; 
witnesses to, 193-4. *99» among 
Kabyles, 262, 319, ancient Ro- 
mans, 219, French, 220, in 
U. S. A., 220; religious, 194, 
among ancient Hindus, 187, 
213, 214, 215, Wyandots, 206, 
Yoruba-Speaking Peoples, 207, 
ancient Romans, 219, in U.S.A., 
2 2 o , in patriarchate ,301, among 
Kabyles, 319, mediaeval, 334 N. 
1; common law, 220; early, ad- 
vocated by Protestantism, 335, 
criterion of highest type of, 
345-6; evils of proprietary, 
345-6, antagonistic to wise 
sexual choice, 347. (See Ani- 
mals, Concubinage, Monogamy, 
Pairing season, Polyandry, 
Polygyny.) 

Marriage-brokers, 167 ; among an- 
cient Chinese, 219 

Marriage by barter, 62, 68, 165; 



leads to infant-betrothal, 68; 
among Australians, 175; in 
primitive simple family, 268 

Marriage by capture, 68, 162, 
1 90- 1, 199; an indirect cause of 
infanticide, 47, 172; combines 
with marriage by purchase, 
63-4; leads to individual mar- 
riage, 146; introduced com- 
munal marriage, 146; leads to 
exogamy, 172; preceded by ex- 
ogamy, 172; original method 
of marriage, 173; avoidance an 
outcome of, 174; ceremonial 
survivals of, 19 1-2; unfavour- 
able to wife, 198 N. 4 ; extent of, 
200; prior to marriage by pur- 
chase, 201 ; an outcome of mar- 
riage by purchase, 201; among 
Yahgan, 202, Australians, 203, 
ancient Hebrews, 212, ancient 
Hindus, 213; cause of mat- 
ronymy, 253; leads to patro- 
nymy, 255; leads to clans, 286. 
(See Rape symbol.) 

Marriage by free consent, 191, 
199; among ancient Hindus, 
213 

Marriage by magic, 162; among 
Australians, 177, 203-4 

Marriage by purchase, 62, 63, 65, 
68, 199; gives value to daugh- 
ters, 45, 49 ; combines with mar- 
riage by capture, 63-4; with 
marriage by service, 65, 178, 
278-9, among Central Eskimo, 
70, Tshi-Speaking Peoples, 73, 
ancient Hebrews, 77; among 
Yahgan, 69, Melanesians, 70-1, 
Ewe-Speaking Peoples, 71, Tshi- 
Speaking Peoples, 72, Kabyles, 
210-11, ancient Hebrews, 212, 
ancient Romans, 219-220; in 
second stage of parenthood, 
92; a factor in polygamy, 140; 
endogamous marriage by cap- 
ture a transition between, and 
marriage by free contract, 191 
N. 1; in patriarchate, 191, 299; 
transition from, to marriage by 
free contract, 191; more fav- 
ourable to wife than marriage 
by capture, 194, among ances- 
tor-worshippers, 198 ; developed 
from marriage by capture, 
201; leads to patronymy, 255. 
(See Bride-price.) 



Index 



379 



Marriage by service, 62, 65; 
residence in, 30, 65, 166, 278, 
among Tshi-Speaking Peoples, 
73, Yahgan, 203; among Yah- 
gan, 202-3; in primitive simple 
family, 268. (See Marriage by 
purchase.) 

Marriage ceremonial, 199; among 
Yoruba-Speaking Peoples, 73, 

207, Yeddahs, 102, Yahgan, 
202, Behring Strait Eskimo, 
204, Wyandots, 206, Melane- 
sians, 206, Ewe-Speaking Peo- 

fles, 206-7, Thompson River 
ndians, 2 0S-9, ancient Hebrews, 
212, ancient Hindus, 213, 214, 
240, 321, ancient Chinese, 215- 
iS, ancient Romans, 219 

Marriage certificate, suggested 
data for, 344 A'. 2 

Marriage classes, among Austra- 
lians, 123, 149, 168, 177-8, 203, 
Melanesians, 180, 259-60, 310 

Marriage, communal, see Group 
marriage, Promiscuity 

Marriage gifts, 66, 191, 192, 268; 
among Melanesians, 70-1, 
Thompson River Indians, 74, 

208, Veddahs, 202, Wyandots, 

206, Babylonians, 212-13, an ~ 
cient Chinese, 218, 219 

Marriage, part-time, 120, 141, 146 
Marriage, trial, 120, 141 -2, 349 
Marriage visits, 196; among Ka- 
byles, 7 5 , Ewe-Speaking Peoples, 

207, Thompson River Indians, 
208 

Marro, 30 N . 2 

Maternity, determines woman's 
age-class, 32 N. 1. (See Child- 
rearing.) 

Mathews, 175 

Matriarchate, 67, 278-82, 283; in 
unpaid- for marriage, 65 ; among 
Ewe-Speaking Peoples 7 1 , Tshi- 
Speaking Peoples, 72, Central 
Eskimo, 294, "Wyandots, 294; 
control of family in, 248; rela- 
tion of, to matronymy, 248, 
254, 278; origin of, 285; con- 
troversy about, 297, 307; 
evidences of transition from, 
29.7-8; coexists with patriar- 
chate, 305, 307-8 

Matrimonial property, systems, 
225-6, 230, among French, 

^ 242-4, in U. S. A., 245-6, in 



modern simple family, 328, 
331-2; inheritance of, 226-8, in 
modern simple family, 328. (see 
Husband, Wife.) 

Matronymy, 164, 268; among 
Tshi-Speaking Peoples, 181, 
260, ancient Hebrews (?), 184, 
262, Australians, 258, Wyan- 
dots, 259, Melanesians, 259-60, 
Ewe-Speaking Peoples, 260, 
Yoruba-Speaking Peoples, 261, 
Aryans, 307-8; distinguished 
from matriarchate, 248, 252, 
297 N. 1; coexists with patri- 
archate, 248-9 ; in case of illigiti- 
mates, 249, among ancient Ro- 
mans, 265, French, 265, in 
U. S. A., 266; in slavery, 249, 
254, among Babylonians, 263; 
origin of, 253-4; precedes pa- 
tronymy, 254, 307; patronymy 
precedes, 255; always accom- 
panies matriarchate, 278. (See 
Patronymy .) 

Mayne, 256 

Mayo-Smith, 52 

Melanesians, 2, 56, 70-1, 105-6, 
125-7, I 5°' I ^°' 206,232,309-11 

Mendelian theory, 20 N. 1 

Metchnikoff, 356 

Mill, 8 

Monogamy, among birds and 
mammals, 113, 137, 146, Ved- 
dahs, 148, Yahgan, 148, Point 
Barrow Eskimo, 149, Central 
Eskimo, 150, Thompson River 
Indians, 151, ancient Romans, 
158, French, 158, in U. S. A., 
160; defined, 137; of poverty, 
140, among Melanesians, 150; 
accompanied by promiscuity 
and divorce, 141; limited, 144, 
268; relation between, and off- 
spring, 144-5; first form of 
marriage, 147; sexual choice 
in, 169, 345 ; of simple primitive 
family, 267-8; in matriarchal 
family, 279 ; in patriarchal fam- 
ily, 298; in modern simple 
family, 330; highest type of 
family, 345 

Morgan, 20 N. 1, 147, 173, 253, 
256 

Morning-gift, 66; among Kabyles, 

Morrow, 344 A 7 - 2, 350 N. 2, 354 
N. 1, 356, 357 



3 8o 



Index 






Mother, protects adult son among 
Australians, 37; son separates 
from, 31, 98, 229, 268, among 
Australians, 36, Ewe-Speaking 
Peoples, 38, Melanesians, 180; 
life of, more valuable than that 
of infant, 47, 48; postponement 
of conception of benefit to, 49 ; 
benefit of infanticide to, 50; 
inherits, among ancientRomans, 
59, ancient Arabs, 237, ancient 
Hebrews, 237, ancient Hindus, 
240; support of widowed, 61 N. 
1, among ancient Hindus, 79, 
ancient Chinese, 81, Thompson 
River Indians, 315; sells off- 
spring to father among Ewe- 
Speaking Peoples, 71; right of, 
to services and earnings of 
minor child in U. S. A., 88; 
status of, affects offspring, 94 
(see Concubinage); offspring 
inherit from, among Ewe- 
Speaking Peoples, 106, Baby- 
lonians, 109, 238, 239, ancient 
Hindus, 240, Tshi - Speaking 
Peoples, 312; widowed, subject 
to sons, 229, among ancient 
Hindus, 214, ancient Chinese, 
215; responsible for support and 
education of offspring under 
special circumstances, among 
Kabyles, 153, French, 159, right 
of custody and guardianship 
of, in U. S. A., 339. (See 
Daughter, Divorce, Matriarchate, 
Matronomy, Mourning rites, 
Parental affection, etc.) 

Mother-in-law, instruction by, 
among Australians, 3 7 ; provides 
hair among Australians, 69 ; 
subordination to, among Cen- 
tral Eskimo, 70, ancient Chin- 
ese, 80-1. (See Avoidance cere- 
monial, Parents-in-law.) 

Mott, 344 N. 1 

Mourning rites, among Austra- 
lians, 69, ancient Chinese, 82, 
158, 217, 218, 241, 265, 322, 
323, 325, Behring Strait Es- 
kimo, 259, ancient Romans. 
326; for offspring, 95, 96-7, 
among Central Eskimo, 105, 
206, Australians, 258. (See 
Widow, Widower.) 

Mucke, 102, 284, 286 

Miiller, 3 



Murdock, 2 

Mutilation practices, at initiation 
of youth, 31, 98, among Aus- 
tralians, 104, 124; denote par- 
ental interest, 97-8, 100; among 
Point Barrow Eskimo, 104, 
Behring Strait Eskimo, 105, 
Central Eskimo, 105, Melan- 
esians, 106; for adultery, 11 6-7, 
among Wy an dots, 125, Tshi- 
Speaking Peoples, 128 

N 

Name, among Yahgan, 258, Aus- 
tralians, 258, Behring Strait Es- 
kimo, 259, Tshi- Speaking Peo- 
ples, 260, Yoruba - Speaking 
Peoples, 261, Thompson River 
Indians, 261, 314, Wyandots, 
295. (See Exogamy.) 

Naming, significance of, 97 
among Australians, 258 

Naming ceremonial, precludes in- 
fanticide, 48; indicative of 
desirability of offspring, 49 ; 
among ancient Hindus, 109, 
ancient Chinese, 264; expresses 
idea of descent, 249 

Natural selection, relation of 
infancy to, 20; relation of fer- 
tility to, 21; periodicity of rut 
an outcome of, 114; relation of 
sexual selection to, 171 

Nelson, 2 

Nephew-aunt marriage, forbidden 
among ancient Arabs, 183, 
ancient Hebrews, 184; case of, 
among ancient Hebrews, 184; 
allowed in French law under 
special circumstances, 189 

Newsholme, 52 

Niebohr, 35, 67, 230 

Niyoga, 165, 186, 250; levirate a 
special case of, 256; among 
ancient Hindus, 263; in patri- 
archate, 302 

Nomenclature, meaning of, 256 

Nubility, relation between, and 
marriage among Yahgan, 36, 
Behring Strait Eskimo, 37-8, 
Kabyles, 40. (See Age at Pu- 
berty.) 

O 

Odyssey, 4, 170 

Offspring, cost of rearing, a cause 



Index 



381 



of infanticide, 45; desirability 
of, 48-9, 52, 229, among Point 
Barrow Eskimo, 55, a factor 
in polygyny, 140, leads to 
levirate, 256, in patriarchate, 
298, in modern simple family, 
333, conditions under which, 
would increase, 354; birth of, 
a requirement for recognised 
marriage, 49, among Yahgan, 
122; dedication of, to deity, 
119, among Tshi-Speaking 
Peoples, 72, ancient Hebrews, 
76, Babylonians, 78; compelled 
to live with father, among 
French, 86; interest of, para- 
mount in U. S. A., 88, in highest 
stage of parenthood, 93, in 
modern simple family, 333; a 
form of capital, 92; (See Child- 
ren, Father, Inheritance, Mother, 
Parental affection et sq., Sacri- 
fice.) 

Ogle, 52 

Ostrogorski, 357 



Pahlavi texts, 170, 200 

Pairing season, among animals, 
114; traces of, among mankind, 
114, 120; accompanied by pro- 
miscuity, 146 

Parental affection, in first stage 
of parenthood, 90, 99; among 
Yahgan, 103, Australians, 103, 
Point Barrow Eskimo, 104, 
Central Eskimo, 105, ancient 
Hindus, 109, ancient Chinese, 
1 10 

Parental cannibalism, 60. (See 
Children.) 

Parental care, enables immature 
offspring to survive, 20; the 
family originates in need of, 
20-1; among animals, 21-2, 
24-5; factors determining dura- 
tion and character of, among 
mankind, 28-9; facts showing 
independence of, 29-32, 35-43; 
of married daughters, 30, 
among Kabyles, 40, 75, 152, 
ancient Hebrews, 41, in U. S. 
A., 43, among Yahgan, 203; 
among Yahgan, 36, Point Bar- 
row Eskimo, 3 7 , Central Eskimo, 
3S, Yoruba-Speaking Peoples, 



38, Thompson River Indians, 
38-9, Australians, 103, French, 
1 59-60 ; relation of, to marriage, 
112, 114; of widowed daughter, 
227, among ancient Hebrews, 
41, 132, Kabyles, 236, 319, Cen- 
tral Eskimo, 294 

Parental control, among French, 
86; in modern simple family, 
328. (See Sexual choice.) 

Parental discipline, in killing, 
selling, etc., offspring, 60, 118; 
among Yoruba-Speaking Peo- 
ples, 73, Kabyles, 74, ancient 
Hebrews, 76, Babylonians, 78, 
ancient Hindus, 79, ancient 
Chinese, 80, French, 86-7, in U. 
S. A., 88, Thompson River 
Indians, 107; no, in first stage 
of parenthood, 90; in second 
stage of parenthood, 92, 98; in 
matriarchal family, 279; in 
patriarchal family, 299 

Parental liability, among Yoruba- 
Speaking Peoples, 73, Kabyles, 
74, 130, 152, 236, ancient Ro- 
mans, 85, in U. S. A., 88 

Parental mastery, 60, 67; dis- 
tinguished from parental owner- 
ship, 60 N. 1, 90, 299; among 
Australians, 103; in primitive 
simple family, 268 

Parental neglect, among Thomp- 
son River Indians, 39 ; in civili- 
sation, 52; State intervenes on, 
in U. S. A., 88; in low stage of 
parenthood, 90, 99, 268; cus- 
tody of offspring forfeit for, 

333 

Parental obligation, among Ka- 
byles, 40, ancient Arabs, 40, in 
U. S. A., 42, among ancient 
Romans, 85, ancient Hindus, 
109; significance of, 61; to 
marry off offspring, 63, among 
Melanesians, 71, ancient He- 
brews, 77, Babylonians, 78, 79, 
ancient Hindus, 80; not pre- 
vailing in French law, 88, in 
patriarchate 299; in modern 
simple family, 341, 342, 343. 
(See Guardianship.) 

Parental ownership, 60-2, 66, 118, 
119; among Ewe - Speaking 
Peoples, 71, Tshi-Speaking 
Peoples, 72, ancient Hebrews, 
76-7, Babylonians, 77, ancient 



382 



Index 



Parental ownership — Continued. 
Chinese, 81, 215, ancient Hin- 
dus. 214, 239, French, 242; in 
second stage of parenthood, 92- 
3 ; incompatible with high type 
of parenthood. 346. (See 
Parental mastery, Patria po- 
testas.) 

Parental sympathy, greater in 
foeticide, etc., than in infanti- 
cide, 44; exposure indicative of 
increasing, 47 ; customs indica- 
tive of, 95, 1 01, 102 

Parenthood, three stages of, 90-5, 
332; juridical, 112, 229, 250, 
among Ewe-Speaking Peoples, 
223, 260, Tshi-Speaking Peo- 
ples. 261, Kabyles, 262, ancient 
Hebrews, 262, ancient Hindus, 
263, 264; treatment of illegit- 
imacy a criterion of, 120; en- 
lightened, of future, 349 

Parents, supported by offspring, 
60-1, among Yahgan, 54, an- 
cient Hindus, 79, ancient Chi- 
nese, 82, French, 87 (see Filial 
obligation) ; receive status name, 
97, among Yahgan, 103 (see 
Teknonymy) ; substitutes for, 
99, 1 1 2-3; inherit among an- 
cient Arabs, 237, ancient Hin- 
dus, 240; beliefs about, in 
reproduction, 250, among Aus- 
tralians, 258, Ewe-Speaking 
Peoples, 260, ancient Hindus, 
263, in modern simple f amily, 
333; not entitled to earnings of 
offspring, 353. (See Education, 
Fasting, Mutilation practices, 
Parricide.) 

Parents-in-law, obligations to, 
among ancient Chinese, 80-1, 
83-4, Yahgan, 203, in second 
stage of parenthood, 93 ; avoid- 
ance, respect for, 174 

Parricide, punishment for, among 
ancient Chinese, 80, ancient 
Romans, 326; for sake of 
parent, 90 N. 1 ; case of, among 
Kabyles, 182 

Parsons, 121 

Partition of patrimony, 274-5; 
among Babylonians, 78, Melan- 
esians, 105, Yoruba-Speaking 
Peoples, 106, Behring Strait Es- 
kimo, 290, Thompson River In- 
dians, 315, ancient Hindus, 321, 



322 ; in patriarchal family, 303 ; 
in joint, undivided family, 303-4 

Pai-marriage, 193 

Paton, 8 

Patria potestas, among Romans, 
32 N. 2, 60 N. 1, 84-6, 338; 
when forfeited among ancient 
Hindus, 79, 80; distinguished 
from paternal mastery, 299 ; not 
distinguished, 307 

Patriarchal theory, 306-7 

Patriarchate, traces of transition 
from matriarchate to, 281, 
among Ewe- Speaking Peoples, 
71. Tshi-Speaking Peoples, 72, 
Melanesians, 309-10; traces 
of, 304, 327-30, 337, among 
French, 86, 87, 242, 338-9, 
in U. S. A,, 88, 339; couvade a 
sign of, 101; relation of, to 
patronymy, 248; distinguished 
from primitive paternal power, 
249; matronymy in slavery, 
outcome of, 254; ancestor- 
worship in, 273; break-up of 
clans due to, 309 ; among Ary- 
ans, 327; sanctioned by Christi- 
anity, 335-6. (See Herders, 
Patria potestas.) 

Patronymy, 164, 268; couvade an 
expression of, 100, 101; tek- 
nonymy indicates transition to, 
102 ; transition from matronymy 
to, 175, 254; favourable to mar- 
ital power, 230; distinguished 
from patriarchate, 248, 250; 
precedes matronymy, 255; 
origin of, 255, 307 ; among Yah- 
gan, 258, Australians, 258, 
Melanesians, 260, Ewe-Speak- 
ing Peoples, 260, ancient Hin- 
dus, 263, ancient Chinese, 265, 
ancient Romans, 265 ; in modern 
simple family, 327 

Pearson, 308, 337, 356 

Pentateuch, 3. (See Hebrews, 
ancient.) 

Phallicism, 300-1 ; among Ewe- 
Speaking Peoples, 56, Yoruba- 
Speaking Peoples, 57. (See 
Prostitution.) 

Phratry, 267, 270-1; relation of, 
to clan, 284-5; among Wyan- 
dots, 295. (See Exogamy). 

Ploss, 30 N. 2, 33, 52, 99, 100, 101, 
121 

Polyandry, denned, 137; rare 



Index 



383 



among animals, 137; forms of, 
139-40, 164; first modification 
of promiscuity, 146, 307; 
among Central Eskimo, 150, 
Melanesians, 150; royal, among 
Tshi- and Yoruba - Speaking 
Peoples, 151; leads to matro- 
nymy, 253; levirate, a survival 
of, 256; explains classificatory 
system, 256; in matriarchate, 
279, 286; in patriarchate, 298 

Polygamy, causes of, 140; satis- 
fies desire for variety, 141; 
more favourable to offspring 
than limited monogamy, 144; 
legal, indictable in U. S. A., 
160 

Polygyny, an indirect cause of 
infanticide, 46; and child-care, 
112; among birds and mammals, 
113, 137, Yahgan, 148, 177, 
Point Barrow Eskimo, 149, 
Behring Strait Eskimo, 149, 
Central Eskimo, 150, 205-6, 
Wyandots, 150, 179, Melan- 
esians, 150, Eve-Speaking Peo- 
Eles, 1 50-1, Tshi- and Yoruba- 
peaking Peoples, 151, Thomp- 
son River Indians, 151, ancient 
Hebrews, 154, 155, ancient 
Hindus, 157, 187, 214, ancient 
Chinese, 241; defined, 137; 
sister-, 138, 164, 279, among 
Thompson River Indians, 151, 
ancient Chinese, 158 ; restricted, 
139, among Babylonians, 155, 
156; a prerogative of the in- 
fluential, 140, among Austra- 
lians, 148-9, Point Barrow 
Eskimo, 149, Melanesians, 150, 
Ewe-Speaking Peoples, 150-1, 
Thompson River Indians, 151; 
sexual choice in, 169, 345; 
matronymy, a convenience in, 
2 53> 2 55; °f simple primitive 
family, 268; in matriarchal 
family ,2 79, 281 ; in patriarchate, 
298, 302 ; inferior type of mar- 
riage, 345. (See Barrenness, 
Concubinage, Residence, Wives.) 

Post, x, 3, 8, 67, 68, i2i, 145, 147, 
170, 199, 230, 253, 282, 283, 

„ 359 

Powell, 2 

Pregnancy, taboos, 95, 100, 
among Australians, 103-4, Mel- 
anesians, 106, Thompson River 



Indians, 107, ancient Hebrews, 
108; a disgrace for unmarried, 
119 N. 1, Melanesians, 126; 
among Kabyles, 130, 318, by an- 
other may invalidate marriage 
in U. S.A., 136. (See Conjugal 
abstinence.) 

Primogeniture, 94; among ancient 
Chinese, 81, 83-4, 188, Yahgan, 
103, in Dahomi, 260, among 
Wyandots, 294,Thompson River 
Indians, 314, 315, ancient He- 
brews, 319, ancient Hindus, 321, 
322, ancient Chinese, 325; in 
patriarchate, 302 

Prohibitory degrees, among Behr- 
ing Strait Eskimo, 179, Cen- 
tral Eskimo, 179, Yoruba- 
Speaking Peoples, 181, Thomp- 
son River Indians, 181, ancient 
Arabs, 183, ancient Hebrews, 
184, ancient Romans, 188, 
French, 188-9, in U. S. A., 189, 
mediaeval church, 336. (See 
Nephew-aunt marriage.) 

Promiscuity, sexual, at festivals, 
114, among Australians, 123-4, 
Central Eskimo, 125, Melan- 
esians, 125, Yoruba-Speaking 
Peoples, 129; coincident with 
marriage, 115; viewed differ- 
ently in case of both sexes and 
of married and celibate. 115; 
hard to distinguish from prosti- 
tution, 118 N. 1; accompanies 
monogamy, 141; theory of, 
146-7 ; condemned for effect on 
offspring, 332. (See Adultery, 
Celibacy.) 

Property, idea of, undeveloped, 
90; secret crafts a form of, 92; 
destroyed at death, 273, 281, 
among Central Eskimo, 105, 
293, Yahgan, 288, Point Barrow 
Eskimo, 290, Behring Strait 
Eskimo, 291. Wyandots, 294, 
in patriarchate, 301, among 
Ewe-Speaking Peoples, 311, 
Tshi-Speaking Peoples, 312-13, 
Yoruba-Speaking Peoples, 313. 
Thompson River Indians, 3 1 5-7, 
forbidden among ancient Ro- 
mans, 326; in primitive horde, 
272; in compound family, 273- 
5; in matriarchal family, 281; 
in patriarchate, 300, 303. (See 
Clan, Land, Tribe.) 



3^4 



Index 



Prostitutes, segregation of, 119, 
among Melanesians, 126, Ewe- 
Speaking Peoples, 128, ancient 
Hebrews, 133, ancient Hindus, 
135; tends to lessen, 330-1; 
punished among ancient Hin- 
dus, 135; marriage with, con- 
demned among Kabyles, 182. 
(See Divorced women . Widow.) 

Prostitution, 11 8-9, 121; a check 
on birth-rate, 51, among Point 
Barrow Eskimo, 55; by chiefs 
among Melanesians, 70, 126; 
punishment for being seduced, 
118, among Melanesians, 126; 
a means of dowry getting, 118, 
among Melanesians, 126, 127; 
religious, 119, among Ewe- 
Speaking Peoples, 127, Tshi- 
and Yoruba-Speaking Peoples 
129; among Yahgan, 122, an- 
cient Hebrews, 132, 133; no 
sexual choice in, 169; punish- 
ment for incest among Melan- 
esians, 180, modern increase of, 
330; evil of, 345, 347. 348, 349. 
351; to be condemned in men, 
350; reglementation of, 357. 
(See Daughter, Wife.) 

Punaluan marriage, 147 

Q 

Qur'An, 3. (See Arabs ancient.) 
R 

Rape, punishment for, 117, among 
Kabyles, 131, ancient Hebrews, 
132, 133, Babylonians, 133-4, 
ancient Hindus, 134, ancient 
Romans, 135; as punishment 
among Melanesians 125; pre- 
valent among Tshi-Speaking 
Peoples, 128; no sexual choice 
in, 169. (See Age of consent, 
Seduction.) 

Rape symbol, 19 1-2, 199; origin 
and meaning of, 200-1, 202; 
among Yoruba-Speaking Peo- 
ples, 73, Melanesians, 206, 
Ewe-Speaking Peoples, 206-7, 
Thompson River Indians, 208, 
Kabyles (?), 210, ancient Chin- 
ese, 216-7. (See Bride-lifting.) 

Reipus, 141 

Report of British Inter-depart- 



mental Committee on Physical 
Deterioration, 28 N. 2, 52, 99, 
353 N. 1 

Report of the Commissioner of 
Education of the U. S., 356 

Reports of the Cambridge An- 
thropological Expedition to 
Torres Straits, 170, 253, 283 

Reports of the Massachusetts 
Bureau of Statistics of Labour, 
337, 356 

Reports of the National Divorce 
Reform League, 357 

Residence, separate, of children, 
29, among Yahgan, 35-6, of 
youth, 29-30, among Melane- 
sians, 38, 180, of offspring at 
marriage, 30, among Veddahs, 
35, Ewe-Speaking Peoples, 38; 
common, of compound family, 
30 (see House community); 
with wife's kin, 65, 113, 195, 
196, 278, 281, among Behring 
Strait Eskimo, 70, Yahgan. 203, 
Point Barrow Eskimo, 204, 
Central Eskimo, 2 05, Wyandots, 
206, Thompson River Indians, 
209, origin of matriarchate, 285 ; 
of wives in polygyny, 139, 
among Ewe - and Yoruba- 
Speaking Peoples, 233, a factor 
of matriarchate, 285; of wives 
in polyandry, 1391m husband's 
group, 195, among Behring 
Strait Eskimo, 205, Thompson 
River Indians, 209, in primi- 
tive simple family, 2 68 ; a factor 
in avoidance, 174; effect of, on 
marriage, 195-6, among Central 
Eskimo, 205. (See Husband.) 

Restitution, of conjugal rights, 
action for, 142 ; among Kabyles, 
152; in American law, 160. 
(See Divorce.) 

Rev^sz, Geza, 146 

Richmond, 19 

Roeder, 4 

Roger, 8 

Romans, ancient, 4, 32 N. 2, 42, 
59, 60 N. 1, 84-6, 135, 158, 188, 
219-20, 241-2, 265, 326, 338; 
Kinship system of, 252; disin- 
tegration of patriarchate among, 
335; contractual idea of mar- 
riage among, 336, 337 

Rose, 52 

Roth, Ling, 100, 101 



Index 



385 



Roth, Walter E., 2 
Rowntree, 27 N. 3, 34, 68 



Sacrifice, for offspring, 98, among 
Melanesians, 106, Ewe- and 
Yoruba- Speaking Peoples, 106; 
couvadc in lieu of, 101. (See 
Offspring.) 

Salmon, 355 

Sanction, religious, 165, 333-4; 
among Thompson River In- 
dians, 39, 107, 210, Behring 
Strait Eskimo, 55, 291, ancient 
Arabs, 58, 153-4, 183, 205, 237, 

262, ancient Hebrews, 58, 76, 
184, 185, 262, 319-20, ancient 
Hindus, 58, 79, 80, 109, 134, 
158, 186, 187, 214, 215, 240, 

263, 320-1, Kabyles, 75, Aus- 
tralians, 122-3, 2 °4' Melane- 
sians, 126, Tshi-Speaking Peo- 
ples, 128, 129, Babylonians, 
133; in Christian family, 334-6, 
344, 354 

Sarasin, 1. (See Veddahs.) 

Schmidt, 121 

Schouler, 4. (See United States, 
people of.) 

Schurtz, 33, 34, 306, 308 

Seduction, action for, in U. S. A., 
88 . punishment for, 117, among 
Veddahs, 122, Yahgan, 122, 
Australians, 123, Melanesians, 
126, Ewe-Speaking Peoples, 
12 7, Tshi-Speaking Peoples, 128, 
Thompson River Indians, 130, 
Kabyles, 130, 131, ancient He- 
brews, 132, 133, Babylonians, 
133, ancient Hindus, 134, 214, 
ancient Romans, 135; marriage 
after, enforced, 117, among 
Ewe-Speaking Peoples, 127, 
Tshi-Speaking Peoples, 128, 
Hebrews, 133, precluded, 117, 
among Kabyles, 130; distinc- 
tion between, and rape, 11 7-8, 
among Kabyles, 131, ancient 
Hebrews, 133, ancient Hindus, 
134; not punished, among Point 
Barrow Eskimo, 125 

Seebohm, 306 

Separation, legal, 143, 331, in U. 
S. A., 160; should be abolished, 
350. (See Divorce.) 



Sex hygiene, education in, 347, 

353. 356 
Sex segregation, 31; in games 
among Australians, 36, Behring 
Strait Eskimo, 205, Thompson 
River Indians, 210; in residence 
among Australians, 36, ancient 
Chinese, 41, 218-9, Behring 
Strait Eskimo, 205; in home 
education, 98, 100, 332, among 
Melanesians, 180; to secure 
chastity, 115, 116, among Mel- 
anesians, 71, 206; to secure 
fidelity, 1 1 7 ; a check on sexual 
choice, 166; among ancient 
Hindus, 186, 187, ancient Chi- 
nese; 219, in eating, 192-3, 198, 
among ancient Hindus, 240; in 
economic pursuits, 198, 222, 
271,280, among Australians, 36, 
231, Point Barrow Eskimo, 204, 
231-2, Yahgan, 231, Central 
Eskimo, 232, Thompson River 
Indians, 234, ancient Chinese, 
240-1; in sexual crises. 198-9, 
among Yahgan ,36,203, Thomp- 
son River Indians, 181, 210, 
Point Barrow Eskimo, 204, 
Behring Strait Eskimo, 205, 
Central Eskimo, 206, Tshi- 
Speaking Peoples, 207; in pa- 
triarchal family, 303 ; tendency 
against, 332. (See Avoidance, 
Club-houses.) 
Sex totems, 1 98 N. 3, 200, 269 
Sexual choice, 68, 161-70; pre- 
cluded in infant-betrothal, 63 ; 
parental control of, 64-7, 167, 
199, among Yahgan 69, 231, 
Point Barrow Eskimo, 70, 179, 
Behring Strait Eskimo, 70, Cen- 
tral Eskimo, 70, Ewe-Speaking 
Peoples, 71-2,207, Tshi-Speak- 
ing Peoples, 72, Yoruba-Speak- 
ing Peoples, 73, Thompson 
River Indians, 74, 207, Ka- 
byles, 74-5, 152, ancient Se- 
mites, 77, 183, 184, Babylo- 
nians, 78-9, ancient Hindus, 
79-80, 186, 213, 214, ancient 
Romans, 86, French, 87, in U. 
S. A., 88-9, ancient Chinese 
187-8. 217, Yahgan, 203, Aus- 
tralians, 203, (See Divorced wo- 
men, Widow); importance of, 
161, 344, 347; checks on, 162, 
163-70, 336, caste in, 166, 



3 86 



Index 



Sexual choice — Continued. 

among ancient Hindus, 80, 186, 
Thompson River Indians, 181, 
Kabyles, 182, ancient Romans, 
188; freedom of, 191, among 
ancient Hindus, 80, French, 87, 
in matriarchal family, 279; 
religion in, 166, 167, among 
ancient Arabs, 131, 183, Ka- 
byles, 182, 183 ancient He- 
brews, 184, ancient Hindus, 
187, 215; preferred traits in, 
among Point Barrow Eskimo, 
179, ancient Hindus, 185-6; 
obligation to offspring in, 332. 
(See Adoption, Affinity, Endog- 
amy Exogamy, Sex segregation. 
Sexual selection.) 

Sexual control, 96 AT. 2; for sake 
of offspring, 350 

Sexual hospitality, among Aus- 
tralians, 123, 148, Behring 
Strait Eskimo, 125, Central 
Eskimo, 125, Melanesians, 126, 
Yoruba-Speaking Peoples, 129; 
polyandry sometimes a devel- 
oped form of, 139. (See Daugh- 
ter, Wife.) 

Sexual intercourse, before mar- 
riage, 32 N. 1, precluded by 
betrothal, 68, among Yoruba- 
Speaking Peoples, 73; tempo- 
rary, precludes full sexual 
choice, 169; dangerous, 173, 198 

Sexual selection, 162, 169, 171; 
among Australians, 148, 177, 
Point Barrow Eskimo, 149, 
Behring Strait Eskimo, 1^9, 
Melanesians, 150, 232, Ewe- 
Speaking Peoples, 150, Thomp- 
son River Indians, 151, ancient 
Hebrews, 154-5, Yahgan, 176. 

Sexual taboo, 198-9, 200; marriage 
ceremonial indicative of break- 
ing of, 193 

Sister, protects adult brother a- 
mong Australians, 3 7 ; obligation 
to support unmarried, 61 N. 1 ; 
elder, married before younger, 
168, among ancient Hebrews, 
77; inherits among Kabyles, 
236, ancient Arabs, 237, an- 
cient Romans, 242, Yoruba- 
Speaking Peoples, 313, (See 
Avoidance, Brother, Polygyny.) 

Skeat, 100 

Slave, punishment for illegiti- 



mate sexual intercourse by, 
among Ewe-Speaking Peoples, 

127, Tshi- Speaking Peoples , 

128, ancient Hebrews, 133; 
no right of connubium with, 
among ancient Romans, 188, 
right among Babylonians, 239 
of wife as concubine, 223, among 
Tshi-Speaking Peoples,i5i, 261, 
ancient Hebrews, 154, 155, 262, 
Babylonians, 155, Ewe-Speak- 
ing Peoples, 260; adopted, 250, 
among Ewe-Speaking Peoples, 

260, Tshi-Speaking Peoples, 

261, 312 

Smith, Anna Tolman, 34, 53 

Smith, Robertson, 3, 173, 284 

Social fictions, about bride-price, 
67, among Melanesians, 70-1, 
Yoruba-Speaking Peoples, 73, 
ancient Hindus, 79 ; of parental 
ownership in U. S. A., 88 

Sodomy, 163 

Son, inherits position of father, 61 
N. 1, among Australians 288, 
Behring Strait Eskimo, 290, 
Melanesians, 309, Thompson 
River Indians, 314; obligation 
to provide wife for, 63, among 
ancient Hebrews, 77, Babylo- 
nians, 78; comparative freedom 
of, in sexual choice, 64 ; does not 
own property among ancient 
Chinese, 83, ancient Romans, 
84, 85-6, 241, ancient Hindus, 
239 ; apprenticed to father, 92 ; 
inheritance of, in highest stage 
of parenthood, 93, 94; (See 
Daughter, Emancipation of off- 
spring, Infant-betrothal, Inherit- 
ance, Offspring Sons.) 

Sons, forms of unequal inheri- 
tance by, 94; among Behring 
Strait Eskimo, 291, Thompson 
River Indians, 315, ancient 
Hebrews, 319, ancient Hindus, 
321 

Son-in-law, service of, 65, 167, 
among Australians, 69, Central 
Eskimo, 70. (See Mother -in' 
law, Parents-in-law.) 

Spencer, Baldwin, 2, 121, 145, 147 

Spencer, Herbert, 25, 172 200, 
201, 254, 256, 307, 343, 355, 
356 

Stanford, 8 

Stanley, 344 N. 2 



Index 



387 



Starcke, 100, 101, 147, 172, 174, 
200, 255, 256, 285, 286, 357 

State, punishment by, in modern 
simple family, 333; duty of, 
towards children, 352-3. (See 
Group control.) 

Steinmetz, iv N. i, x, 35, 68, 99, 
102, 174, 199, 201, 230, 283, 

3° 6 - 357- 359 

Stiles, 121 

Suicide for love, among Thomp- 
son River Indians, 74, 208, 
Melanesians, 206 

Sutherland, 23, 24 A\ 1, 25, 34 



Tarde, 99 

Teit, 2 

Teknonymy, 95, 97; origin and 
meaning of, 102 

Testacy, 94, 228; among ancient 
Romans, 42, 220, French, 245. 
(See Disinheritance^) 

Thomas, 356 

Thompson, 171 

Thompson River Indians, 2, 57, 
73-4, 107-8, 130, 181-2, 207-10, 
233-4, 261, 313-17 

Thomson, 357 

Totemism, 34, 269-70, 283, 300, 
334; leads to group marriage, 
147; relation of, to exogamy, 
175, 281, 284, among Austra- 
lians, 1 77-8 ; among Australians, 
288, Behring Strait Eskimo, 
291, Wyandots, 294-5; sur- 
vivals of, 306, among Melane- 
sians, 260, 310, Tshi-Speaking 
Peoples, 313, Thompson River 
Indians, 317; a conservative 
influence, 334 

Tribal confederation, 267, 282 

Tribe, 267; primitive, 272; in 
matriarchate, 282; among Aus- 
tralians, 289, Wyandots, 295-6, 
Ewe-Speaking Peoples, 311, 
Thompson River Indians, 314, 
315, 317; in patriarchate, 302- 
3. (See Endogamy.) 

Trumbull, 4 

Tshi-Speaking Peoples, 3, 56 
72-3, 106, 128-9, J 8i, 207, 233, 
260-1, 312-13 

Twins, infanticide of, 45, 46; spe- 
cial treatment of , 46 N. 2, 52, 



among Ewe-Speaking Peoples, 
56, Thompson River Indians, 

57 
Tylor, 35, 100, 102, 172, 174, 255, 
284, 285, 307 



Unchastity, a marriage qualifica- 
tion, 115; punishment for, 1 1 5- 
6, among Wyandots, 118, 125, 
Melanesians, 126, ancient He- 
brews, 132, 133; among Yahgan, 
122, Point Barrow Eskimo, 124, 
Behring Strait Eskimo, 125, 
Tshi-Speaking Peoples, 128, 
Yoruba-Speaking Peoples, 129, 
Kabyles, 131; does not in- 
validate marriage in U. S. A., 
136; in primitive simple family, 
268, in matriarchal family, 279; 
in modern simple family, 329, 
330; in Christianity. 333; ac- 
companies late marriage, 347. 
(See Bride-price, Chastity.) 

Uncle-niece marriage, in order to 
retain family property, 165; 
paternal, among Romans, 188; 
forbidden among Central Es- 
kimo, 179, Hindus, 186; allowed 
among French under special 
circumstances, 189 

Union symbols, 193; among Mel- 
anesians, 206, ancient Chinese, 
215, 216-7, Veddahs, 202, an- 
cient Hindus, 214 

United States, people of, 4, 34, 
42-3, 88-9, 136, 160, 220-1, 
245-7; causes of "race-suicide" 
among, 53 ; child-labour among, 
68; legal restrictions on mar- 
riage among, 171; contractual 
capacity of married women 
partly unrecognised among, 
328; divorce among, 331 N. 1, 
334 N. 1, 337; education 
among, 337, 356 



Vasu-right, 280; origin of, 286 

Veblen, 230 

Veddahs, 1, 35, 53, 103, 122, 148, 

176, 202, 257, 287 
Vega, Garcilasso de la, 33, 99, 170 



3 88 



Index 



Venereal disease, 119, 356; trans- 
mission in marriage a penal 
offence, 350; "race-suicide" due 
to, 354 N. 1 

Verrijn, 27 N. 3, 34 

Vickery, 346 N. 2 

Village, 280; among Point Barrow 
Eskimo, 289, Behring Strait 
Eskimo, 290, Thompson River 
Indians, 314 

Village community, 302, 304, 306 

Village council, 304; levies fines 
among Kabyles, 40, 58, 74, 
130, 131, 152-3, 182, 210-11, 
2 35» 3 1 ?' 3 I ^-i9; exiles crim- 
inals among Kabyles, 130, 318; 
disposes in marriage, 168; pro- 
tects widows among Kabyles, 
235, 236 

Virgins, priests allowed to marry 
only, 167, among Hebrews, 185 

Viviparity, a progressive charac- 
ter, 22, 113 



W 



Wake, 147, 175, 201, 257, 284, 307 

Wallace, 171 

Welch, ancient, 4 

Westermarck, 68, 102, 115 N. 1. 
120, 145, 147, 170, 171, 173, 
198, 199, 200, 201, 230, 231, 
254, 283 

Wet-nursing, 27; among Arabs, 
40, 153, ancient Chinese, 41. 
(See Fosterage.) 

Widow, has greater freedom of 
sexual choice, 64, among Ka- 
byles, 75; remarriage of, 64, 
140-1, among Kabyles, 75, 235, 

236, ancient Arabs, 211, Baby- 
lonians, 238, 239, French, 242, 
condemned among ancient Hin- 
dus, 135, 240, ancient Chinese, 
218; inheritance by, 66 N. 1, 
226, 227, among Yahgan, 103, 

231, Behring Strait Eskimo, 

232, Thompson River Indians, 
234, Kabyles, 235, 236, ancient 
Arabs, 237, ancient Hebrews, 

237, Babylonians, 238, ancient 
Romans, 242; prostitution of, 
among Melanesians, 126; im- 
molation of, 140, 224, among 
Ewe, Tshi-, Yoruba-Speaking 
Peoples, 233, ancient Chinese, 
241, 324; mourning of, 141, 146, 



224, among Thompson River 
Indians. 209, Tshi-Speaking 
Peoples, 233; bride-price of, 
1 61-2 , 224 (see Reipus); 
inherited, 164, 224, 226, among 
Kabyles, 7 5 , Ewe-Speaking Peo- 
ples, 180, 233, Thompson River 
Indians, 182, 234, Melanesians, 
232, Yoruba-Speaking Peoples, 
233; marriage with, through 
poverty, 168, among Yahgan, 
177; residence of, 227. among 
ancient Hebrews, 41, Kabyles, 
130, 236, 319, Melanesians, 
232, ancient Arabs, 237, Baby- 
lonians, 238, Central Eskimo, 
294; does not inherit among 
Point Barrow Eskimo, 232 

Widower, mourning of, 141, 
amongJThompson River Indians, 
209; immolation of, of royal 
wife, among Tshi-Speaking 
Peoples, 151 

Wife, relation, between, and mo- 
ther, 94, 138, 144, 145, 229; 
solicitude for, 96 N. 2, 197, 
among Australians, 104; killing, 
116, 118, 196, 224, among 
Ewe-Speaking Peoples, 127, 
Tshi-Speaking Peoples, 128, 
Yoruba-Speaking Peoples, 129, 
Kabyles, 130, 211; beating, 117, 
196, among Behring Strait Es- 
kimo, 125, Melanesians, 126, 
Tshi-Speaking Peoples, 128, 
Yoruba-Speaking Peoples, 129, 
Point Barrow Eskimo, 149, 204, 
Australians, 204, ancient Arabs, 
211; selling, 117, 196, 224, 
among Babylonians, 77, for- 
bidden among ancient Hebrews, 
155, Babylonians, 157, ancient 
Hindus, 240, among ancient 
Hindus, 158, Kabyles, 182, 235; 
imprisonment, 117, 196, among 
ancient Arabs . 131, 211, ancient 
Hindus, 157-8, ancient Heb- 
rews, 185; lending, 118, 224, 
among Australians, 123, 124, 
148, 178, Point Barrow Eskimo 

124, Behring Strait Eskimo, 

125, Central Eskimo, 125, Ewe- 
Speaking Peoples, 1 27, Tshi- and 
Yoruba-Speaking Peoples, 129; 
prostitution of, 118, among 
Tshi-Speaking Peoples, 129, an- 
cient Hindus, 135, case of 



Index 



389 



among ancient Hebrews, 212; 
effect of ancestor- worship on, 
197, 200, 302. among ancient 
Chinese, 188, 216, 217, 218, an- 
il Hindus, 2 1 5 ; seclusion of , 
200, among ancient Hindus, 
134, 214, in Dahomi, 150-1, 
among ancient Arabs, 211 ; vio- 
lated for adultery by husband, 
224. among Kabyles. 131 ; owns 
property among Point Barrow 
Eskimo, 232, Ewe- and Yoruba- 
Speaking Peoples, 233, Thomp- 
son River Indians, 234, Wyan- 
dots, 294 (see Matrimonial 
property); liable for husband, 
228, among Babylonians, 238. 
(See Head-wife, Husband, Mari- 
tal Discipline et sq., Residence, 
es.) 
Wilcox, 357 

Wilken, 101, 201, 254, 283 
Wilutzky, 67, 145, 199, 230 
Wives, subordination among, 138, 
197, among Point Barrow Es- 
kimo, 149, Behring Strait Es- 
kimo, 149, Wyandots, 150, 
Ewe- Tshi- Yoruba - Speaking 
Peoples, 151, ancient Hindus, 
157; number of, among Yahgan, 
148, Point Barrow Eskimo, 149, 
Behring Strait Eskimo, 149, 
Central Eskimo, 150, Melane- 
sians, 150, Thompson River 
Indians, 151, ancient Hebrews, 
154; division of labour among, 
169, 223, among Ewe- and 
Yoruba-Speaking Peoples, 151; 
must belong to different clans 



among Wyandots, 180. (See 
Concubinage , Residence . ) 

Wolf, 27 N. 3, 99 

Wollstonecraft, 357 

Women, excluded from initiation 
ceremonial among Yahgan, 
36, Melanesians, 125; no crime 
swearing falsely to, among Hin- 
dus, 214; proprietary character 
of, 93, 140, 224, 281, 347 N. 1; 
juridical position of, 228, 276, 
337, among French, 244, 245, in 
U. S. A., 246; position of, in 
government, 228-9, among 
Thompson River Indians, 210 
(seeGynocracy) ; suffrage of, 229, 
346 N. 1 ; may not contract, 
328-9, among Kabyles, 236-7, 
French, 245. in U. S. A., 246; 
own property among ancient 
Arabs, 13 1-2, Point Barrow Es- 
kimo, 232, Kabyles, 236, 237, 
ancient Hindus, 240 (see Daugh- 
ter, Wife); effect of Christ- 
ianity on, 334-5; emancipation 
of . 335. 346, 357; education of, 
346,356 

Wright, 27 N. 3, 68, 145, 146, 171, 
331 N. 1, 337 

Wyandots, 2, 125, 150, 179-80, 
206, 294-6 



Yahgan, 2, 35-6, 53-4, 69, 122, 
148, 176-7, 202-3, 231, 258, 
287-8 

Yoruba-Speaking Peoples, 73, 106, 
129-30, 181, 207, 233, 261, 313 



/ 



^ 



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